Illegal eviction and harassment: what landlords must not do

Illegal eviction means removing a tenant from their home, or trying to, without a court order executed by county court bailiffs or High Court enforcement officers, for example by changing the locks. Since 1 May 2026 councils can fine a landlord up to £40,000 for unlawful eviction or harassment under the Protection from Eviction Act 1977, as an alternative to prosecution, and the tenant can seek a rent repayment order of up to 2 years' rent.

What counts as illegal eviction

The rules are simple once you know them:

• Only a court order can end an assured tenancy. Since 1 May 2026 a landlord can end an assured tenancy only through a court order and its execution, apart from a narrow Home Office procedure for occupiers with no right to rent. A notice to quit from you has no effect.
• Only bailiffs or enforcement officers can carry out an eviction. GOV.UK says eviction must be carried out by court-appointed bailiffs or High Court enforcement officers under a warrant or writ. Changing the locks, or using anyone else to remove the tenant, is illegal eviction.
• An expired notice isn't enough. Form 3A itself tells the tenant they don't have to leave immediately. A notice is only the step that lets you apply to court.
• A possession order isn't enough either. If the tenant stays past the date in the order, you need a warrant and the bailiffs.
• An empty-looking property isn't yours to take back. There's no statutory abandonment procedure, and retaking possession without a surrender or court order risks the offence.

What counts as landlord harassment

Section 1 of the Protection from Eviction Act 1977 makes harassment of a residential occupier an offence, as well as unlawful eviction. The Act sets out the legal test, and the full text of section 1 is worth reading rather than relying on summaries.

As a practical rule of thumb, treat anything you do to pressure a tenant into leaving, or to make it harder for them to live in their home, as a serious risk, whether or not a notice has been served. In particular, never:

• turn up and demand the tenant leaves, or tell them they must go when a notice expires;
• interfere with the gas, electricity, water or heating;
• enter the property without agreement, or remove or move the tenant's belongings;
• threaten the tenant, their family or their visitors;
• let a property dispute turn into repeated calls, messages or visits.

If you're not sure whether something crosses the line, don't do it, and get advice from a solicitor.

The penalties for illegal eviction

Consequence	Maximum	Who decides
Civil penalty for unlawful eviction or harassment (PEA 1977 section 1A, in force 1 May 2026)	£40,000	The local housing authority, which must be satisfied beyond reasonable doubt
Prosecution in the magistrates' court	A fine and/or up to 6 months' imprisonment	The court
Prosecution in the Crown Court	An unlimited fine and/or up to 2 years' imprisonment	The court
Rent repayment order	Up to 2 years' rent	The First-tier Tribunal, on the tenant's application (or the council's, for rent paid through Universal Credit)

A civil penalty and a conviction can't both be imposed for the same conduct. Before a penalty, the council sends a notice of intent, allows 28 days for representations and then issues a final notice, which you can appeal to the First-tier Tribunal within 28 days.

Rent repayment orders were strengthened for offences on or after 1 May 2026: the maximum is now 2 years' rent, the tenant has 2 years from the offence to apply, company directors and superior landlords can be liable, and repeat offenders must pay the maximum save in exceptional circumstances. See rent repayment orders.

Other ways to break the new rules

The Renters' Rights Act added penalties for getting the possession process wrong, even without an eviction:

What you do	Possible consequence
Purporting to end the tenancy with a notice to quit	Civil penalty up to £7,000
Ending the tenancy orally, or requiring the tenant to	Civil penalty up to £7,000
Serving a document that claims to be a possession notice but isn't in accordance with section 8	Civil penalty up to £7,000
Relying on a ground without a reasonable belief that you could get possession, where the tenant leaves within 4 months without an order	Civil penalty up to £7,000
Doing that knowingly or recklessly	Criminal offence, or a civil penalty up to £40,000
Letting or marketing the property during the restricted period after Ground 1 or 1A	Criminal offence, or a civil penalty up to £40,000

Repeating a breach, or carrying on more than 28 days after a penalty, can turn a £7,000 breach into an offence. The full table is in Renters' Rights Act fines and penalties.

How to stay on the right side of the law

1. Serve a valid Section 8 notice on Form 3A, relying on a ground you can prove.
2. Wait for the notice period to end, then apply for a possession order.
3. If the tenant stays after the possession date, apply for a warrant and let the bailiffs carry out the eviction.
4. Keep contact in writing, polite and about practical matters.
5. Give proper notice before visiting, and keep a record of every visit and conversation.
6. If the tenant offers to leave, get it in writing, and make sure any agreed end date is recorded in writing too.

If a tenant accuses you of harassment

• Stop the contact that prompted the complaint, and switch to written communication.
• Keep copies of every message, letter and record of visits.
• Reply to the council promptly if it contacts you. Councils have had investigatory powers, including information notices, since 27 December 2025, and obstructing an officer or giving false information is an offence.
• Get advice from a solicitor before responding to any notice of intent.

This guide covers England only. Wales (Renting Homes (Wales) Act 2016), Scotland and Northern Ireland have different law.

What to do next

If your tenant won't leave, read what to do when the tenant won't leave and start the lawful route with a Section 8 notice. If you think the tenant has gone, read a tenant who has abandoned the property before you touch the locks. For the full process, see how to evict a tenant.