Illegal eviction and the Protection from Eviction Act 1977: the tenant remedy walkthrough (2026)

A landlord who locks a tenant out, removes their belongings, cuts off the gas or electricity, or physically bars re-entry has committed a criminal offence and a serious civil wrong. The Protection from Eviction Act 1977 is the spine of the protection — section 1 criminalises eviction without due process, section 3 requires a court order for residential occupiers, section 3A defines the narrow class of excluded occupiers who can be evicted on notice. The Housing Act 1988 sections 27 and 28 layer a statutory damages remedy on top. The Criminal Law Act 1977 section 6 gives a lawful right of peaceful re-entry. The Renters' Rights Act 2025 did not change any of this. A tenant who has been illegally evicted has more rights, faster, than most realise — but the file built in the first 24-48 hours is what decides the case.

This walkthrough is for a tenant who has been illegally excluded, harassed out, or had services cut off to force them to leave. It covers what counts as illegal eviction, the first 24 hours playbook, the criminal route (police, council Tenancy Relations Officer), the civil route (injunction, damages under sections 27 and 28, trespass and harassment claims), the re-entry right under section 6 of the Criminal Law Act 1977, and templated complaint and demand letters you can send the same day. It is distinct from the harassment and quiet enjoyment walkthrough on 2026-05-08 which dealt with civil-tort framing of ongoing pressure short of exclusion.

What counts as illegal eviction

Section 3 of the PFEA 1977 says that where any premises have been let as a dwelling under a tenancy that is not a statutorily protected tenancy or an excluded tenancy, and the tenancy has come to an end but the occupier continues to reside in the premises, it is unlawful for the owner to enforce against the occupier, otherwise than by proceedings in the court, the right to recover possession of the premises.

In plain English: for a residential tenant, the only lawful route to recover possession is a court order, obtained after a Section 8 (or in some narrow other situations) procedure, executed by court-appointed bailiffs.

Anything else is illegal eviction. The common patterns:

• Changing the locks while the tenant is at work, on holiday or out of the property for any reason.
• Refusing to give the tenant a new key after the locks have been changed for any reason.
• Physically barring re-entry when the tenant returns — standing in the doorway, locking the gate, blocking the stairs.
• Removing the tenant's belongings and placing them outside, in a skip, or in storage without the tenant's consent.
• Cutting off gas, electricity, water or other services to force the tenant to leave (sometimes called "constructive eviction" — the courts treat it as illegal eviction).
• Threats of violence or actual violence intended to make the tenant leave.

The standard before May 2026 included tenants on assured shorthold tenancies who had reached the end of their fixed term — they still required a court order under Section 21 (or Section 8). After the Renters' Rights Act 2025, with Section 21 abolished, every assured tenant is on a periodic tenancy and still requires a court order under Section 8 for the landlord to recover possession lawfully. Nothing about the abolition of Section 21 makes self-help eviction lawful.

The first 24 hours playbook

Stay safe first. Do not get into a physical confrontation with the landlord or anyone working for them. If you are outside the property and there is any threat or the landlord is present and aggressive, call 999. If the situation is not immediately threatening, call 101 and report an illegal eviction under section 1 of the Protection from Eviction Act 1977. Ask for the crime reference number.

Then, in approximate order:

1. Document the scene. Photograph the changed lock, your key not fitting, any belongings outside, any sign on the door. Screenshot any messages from the landlord or agent — texts, WhatsApp, emails, voicemail transcripts. Note the time and date precisely.

2. Get a witness statement. A neighbour, a friend, anyone who can confirm you were excluded. A short paragraph, dated and signed, is enough at this stage. Multiple witnesses are better than one.

3. Contact your council's Tenancy Relations Officer. Search "[your council] tenancy relations officer" or call the council's main number and ask. Many councils have an out-of-hours line for housing emergencies. The TRO has experience of these cases, can contact the landlord directly, and can liaise with the police.

4. Contact Shelter or Citizens Advice. Shelter's emergency helpline (0808 800 4444) operates extended hours. Both can give immediate advice on the criminal route and the civil route.

5. Instruct a housing solicitor. Many housing solicitors do legal aid for illegal eviction and can be in court for an injunction within 24-48 hours. The Law Centres Federation and Civil Legal Advice can point to firms operating in your area.

6. Find safe overnight accommodation. If you cannot re-enter, the council has duties under Part 7 of the Housing Act 1996 to provide emergency accommodation. Your TRO can usually accelerate this.

7. Make a contemporaneous note. Sit down with paper and write down what has happened — when you went out, when you returned, what you found, who you spoke to, what they said. This becomes the spine of your witness statement.

The aim of the first 24 hours is to fix the facts, generate official paper trails (crime reference, TRO file, council homelessness assessment), and put yourself in the position to instruct a solicitor for an injunction. Almost every illegal eviction case is decided on the file built in the first 48 hours.

The criminal route

Section 1 of the PFEA 1977 creates two offences. Section 1(2): it is an offence for a person to deprive a residential occupier of any premises of their occupation, or attempt to do so, unless they prove that they believed and had reasonable cause to believe that the residential occupier had ceased to reside in the premises. Section 1(3): it is an offence for a person, with intent to cause the residential occupier to give up the occupation, to do acts likely to interfere with the peace or comfort of the residential occupier, or to persistently withdraw or withhold services reasonably required for the occupation.

The offences are triable either way. On summary conviction: up to 6 months' imprisonment and / or a fine of up to GBP 5,000. On conviction on indictment: up to 2 years' imprisonment and / or an unlimited fine.

The police are the gateway. They are sometimes reluctant to treat these cases as criminal — there is a long history of the police treating illegal eviction as a "civil matter" and turning the tenant away. That is wrong. The PFEA 1977 is criminal law and police forces have guidance (including the Metropolitan Police's own published guidance) telling officers to attend and to take a report. If the officer turning up does not understand the position, ask politely for the supervisor; if necessary escalate via the council TRO and a formal complaint to the force's professional standards department.

The council's Tenancy Relations Officer is often the more effective route in practice. Many councils prosecute landlords directly under the PFEA 1977 (the council has standing to prosecute as well as the CPS). A TRO who has built a relationship with the local police and CPS often gets traction the tenant cannot get alone.

Template letter: complaint to council Tenancy Relations Officer

Send this on the day of the eviction (or as close as possible), by email if a TRO email address is published, otherwise via the council's main contact route.

Dear [TRO name / Housing Department],

Re: Illegal eviction from [Property address] — [Your name]

I am writing to report an illegal eviction by my landlord [Landlord name / Agent name] from the above address. The eviction occurred on [date and time]. The circumstances are as follows.

1. I am the tenant of [Property address] under a tenancy granted on [date] at a rent of GBP [X] per [period]. A copy of the tenancy agreement is attached.

2. On [date and time], I [returned home / discovered] that [the locks had been changed / I was physically barred from re-entering / my belongings had been removed / the [gas / electricity / water] had been cut off].

3. The landlord [has confirmed / has not responded to messages / refuses to permit re-entry / claims that I am no longer the tenant]. Copies of the messages exchanged are attached.

4. No court order has been obtained for possession. I have not been served with any Section 8 notice or any other lawful notice.

5. I have reported the matter to the police under crime reference number [CRN]. I am also taking advice on a civil injunction.

I ask that you (a) treat this as a criminal complaint under section 1 of the Protection from Eviction Act 1977, (b) contact the landlord and require my immediate readmission, and (c) consider prosecution by the council.

Please confirm receipt and the case officer assigned.

Yours, [Name, address, contact details, date]

Send a similar version to the police if the initial 101 / 999 contact has not generated a written follow-up.

The civil route — injunction to be readmitted

Where re-entry is still possible (the property has not been relet or reoccupied), the priority remedy is an injunction in the county court requiring the landlord to permit re-entry and not to interfere with the tenant's occupation. Most county courts will accept an urgent application supported by a witness statement and will list a hearing within 24-48 hours. In genuinely urgent cases — the tenant on the street — a without-notice injunction can be obtained the same day, with a return-date hearing typically within 7 days.

The application is made on Form N16A (or by Part 8 claim with an interim application) supported by a witness statement that sets out: the tenancy, the exclusion, the steps taken to engage the landlord, and the urgency. Counsel or a solicitor with housing duty rota access will typically be needed to attend court.

Draft injunction grounds paragraph

For the witness statement supporting the application:

The claimant is the tenant of [property address] under a tenancy granted on [date]. On [date and time] the defendant excluded the claimant from the property by [changing the locks / barring re-entry / removing belongings]. The defendant has no court order for possession and has not served any Section 8 notice. The claimant has reported the matter to the police under crime reference number [CRN] and to the council Tenancy Relations Officer at [council]. The claimant is presently [sleeping on a friend's sofa / staying in emergency accommodation arranged by the council / on the street] and requires immediate readmission to the property. An injunction is sought (1) requiring the defendant to permit the claimant's re-entry to the property forthwith, (2) restraining the defendant from interfering with the claimant's occupation of the property, and (3) restraining the defendant from harassing or threatening the claimant.

The judge will weigh the urgency, the strength of the tenancy evidence, and the practicality of re-entry. Where the property has been relet to another tenant in good faith, an injunction to readmit is generally not granted; the remedy shifts entirely to damages.

The civil route — damages under sections 27 and 28

Sections 27 and 28 of the Housing Act 1988 create a statutory measure of damages for unlawful eviction. The award is the difference between the value of the landlord's interest in the property with the tenant in occupation and the value of the landlord's interest with vacant possession. In a typical assured tenancy in a high-value area, that difference can be substantial — five-figure awards are common, and significantly more in serious cases with vulnerable tenants or aggravating conduct.

The award is a separate, additional remedy. Trespass to the tenant's belongings (where the landlord has moved or destroyed them) gives a separate award. Harassment damages, exemplary damages, and damages for the cost of alternative accommodation are all available alongside.

The sections 27 and 28 measure is the headline number and it is what most often produces a fast settlement. Landlords with insurance typically find that the insurer is sharply uncomfortable defending an illegal eviction claim and pushes for settlement. Landlords without insurance often find that a credible solicitor's letter quoting the statutory measure produces an immediate offer.

Template letter: pre-action demand for damages

Send this when re-entry has been achieved (or when re-entry is no longer realistic), once the immediate crisis has passed, before issuing proceedings.

Dear [Landlord name / Agent name],

Re: Illegal eviction from [Property address] on [date] — pre-action demand

I refer to your unlawful exclusion of me from the above property on [date and time]. The exclusion was an offence under section 1 of the Protection from Eviction Act 1977 and a serious civil wrong giving rise to claims for damages, trespass, and harassment.

The legal position is as follows.

1. I am the tenant of the property under a tenancy granted on [date].

2. You [changed the locks / barred re-entry / removed my belongings / cut off services] without a court order and without lawful basis.

3. The criminal offence under section 1 has been reported to the police under crime reference number [CRN] and to the council Tenancy Relations Officer.

4. The civil claim includes: damages under sections 27 and 28 of the Housing Act 1988 (the statutory measure of the difference between the value of your interest with me in occupation and with vacant possession); damages for trespass to my belongings; damages for harassment; damages for the cost of alternative accommodation for the period of exclusion; and aggravated and exemplary damages where appropriate.

5. I have taken initial advice on the value of the claim, which I estimate as not less than GBP [X], without prejudice to a higher figure once the file is fully assessed.

I am willing to settle on the following terms: (i) immediate confirmation that the tenancy continues and I am entitled to occupy the property, (ii) reinstatement of any services cut off, (iii) return of any belongings removed in the same condition, and (iv) damages of GBP [X] in full and final settlement of the claim.

Please respond within 14 days. If I do not have a substantive response in that period I will issue proceedings.

Yours, [Name, contact details, date]

The re-entry right under Criminal Law Act 1977 section 6

Section 6 of the Criminal Law Act 1977 makes it an offence to use or threaten violence to secure entry to premises, but with an important exception: it is not an offence where the entry is to recover possession of premises by a "displaced residential occupier". The displaced residential occupier is the tenant who has been excluded.

In practical terms, this means the excluded tenant can lawfully use reasonable force to re-enter — typically by instructing a locksmith to drill the new lock and replace it — provided there is no one in the property who objects to the use of force. If the landlord is in the property and refusing entry, force is unlawful and the route is the injunction. If the property is empty, peaceful re-entry via a locksmith is lawful and is often the fastest practical remedy.

Best practice: do not attempt re-entry alone. Use a locksmith, ideally with a witness (a friend, a council TRO, a member of staff from a tenants' rights organisation, or a solicitor). Photograph the property as you enter to evidence its condition. Keep all receipts for the locksmith — they are recoverable as damages.

What about excluded occupiers

Section 3A of the PFEA 1977 defines a narrow class of excluded occupiers who can be evicted without a court order. The main categories: a lodger sharing accommodation with the resident landlord; a holiday letting; a hostel occupier in some categories; a tenancy granted as a temporary expedient to a former trespasser. Excluded occupiers can be evicted on reasonable notice (often equivalent to one rent payment cycle) and the criminal offence under section 1(2) does not apply to their exclusion.

But even excluded occupiers are protected by section 1(3) — the offence of doing acts intended to cause an occupier to give up occupation, including violence to person or property. The police should attend a forced eviction even of an excluded occupier. The damages remedies under sections 27 and 28 do not apply, but trespass and harassment damages do.

The vast majority of private renters in England are not excluded occupiers. A Renters' Rights Act 2025 assured tenant on a periodic tenancy is squarely within the protection of sections 1 and 3 of the PFEA 1977 and the damages provisions of sections 27 and 28 of the Housing Act 1988.

When to use RentSOS

RentSOS focuses on rent increase challenges under Section 13 rather than illegal eviction remedy — but the underlying skill is the same: take a procedural document apart line by line and put calmer, better-evidenced facts in front of a decision-maker. If your illegal eviction is happening against a backdrop of a recent or proposed rent increase that has soured the relationship, the RentSOS check will tell you whether there are grounds to push back on the rent itself once the immediate crisis is resolved. Landlords who reach for self-help eviction often do so after a tenant has resisted a rent increase, and a tenant who has both arguments in hand — the illegal eviction claim and the rent challenge — is in a much stronger negotiating position.

A calmer last word

Illegal eviction is one of the most distressing things that can happen to a tenant. The legal framework is unusually favourable. The criminal offence is on the statute book and the police have a duty to investigate. The civil injunction is fast and effective where re-entry is still possible. The damages remedy under sections 27 and 28 is a powerful deterrent that often produces fast settlement. The re-entry right under section 6 of the Criminal Law Act 1977 gives a peaceful self-help route where the property is empty. Document everything in the first 48 hours, engage the council Tenancy Relations Officer, instruct a solicitor for an injunction if needed, and remember that the tenant who builds a clean file in the first 48 hours wins almost every illegal eviction case that reaches court.