What Is An Unlawful Eviction?

An unlawful or illegal eviction occurs whenever a landlord evicts his or her tenant for no reason, disregarding the law. Often, illegal evictions involve physical or verbal abuse and are not carried out according to the legal process set in place. Being a criminal offence, an unlawful eviction is punished by the law – any tenant that is kicked out of the property while his or her tenancy is still valid should contact the police.

The Landlord's Rights

Although a landlord has the right to evict a tenant before the tenancy agreement expires, this can only be done in special circumstances, and after the authorities have been notified. In other words, whenever a landlord is aggressive and tries to remove a tenant without any notice he or she is guilty of committing an illegal eviction. It's important to note that regardless of the circumstances, the landlord cannot remove forcefully a tenant: the only person entitled to do so is a bailiff.

When Unlawful Eviction Occurs

An unlawful eviction doesn't occur only when the tenant is physically aggressive. According to current regulations, it also occurs when the landlord:
• changes the locks at the door without notifying the tenant in advance and without giving him or her a corresponding set of keys
• threatens to expel the tenant without any reason and tries to force him or her out
• prevents tenants from accessing certain parts of the property which they're entitled to access, i.e. bathroom, kitchen, etc.
• harasses the tenant verbally and makes it difficult for him or her to live in the home

The Lawful Eviction Procedure

As already mentioned, landlords cannot throw out their tenants without justification. Moreover, they cannot resort to physically assault, no matter what the situation is. Simply put, a tenant cannot be thrown out all of a sudden.

The procedure the landlord must follow in order to evict a tenant depends on the type of tenancy agreed upon and as well as on any other formal or informal agreements between the two sides. Nevertheless, the landlord must normally obtain a court order and send a written notice to the tenant some time in advance, depending on the rental period. When a tenant lives in the same home with a landlord, the situation is more complicated, because a verbal notification may count as a warning to leave the property. Still, not even in this case can a landlord use force.

Tenant's Options

When a tenant is evicted by force, against his or her will, there are a couple of options available that he or she may use to redress the issue. First, the tenant may attempt to re-gain possession of the property, preferably with the help of the police. Second, the local council can be contacted, which usually provides assistance. Third, the landlord can be sued. The last option should only be used as a last resort.


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