How to deal with an illegal eviction by a private landlord
Check if you're being illegally evicted
Your landlord must follow a legal eviction process if they want you to leave. They must send you a valid notice in writing. If you do not leave, they must get a tribunal order.
It’s an illegal eviction if your landlord tries to force you to leave without valid notice and a tribunal order. Illegal eviction is also sometimes called unlawful eviction.
Illegal eviction is a criminal offence. Your landlord can be prosecuted by the police, fined, or in some cases imprisoned.
If you’re evicted illegally, you can claim compensation at a tribunal.
Examples of illegal eviction
It’s an illegal eviction if your private landlord or anyone acting on their behalf:
changes the locks while you're out
physically removes you from your home
forces you to leave by threatening or harassing you
cuts off your electricity, gas or water supply
makes your living situation so unbearable that you leave
stops you from getting into parts of your home
If you’re being forced out by someone you live with
Check our guidance on:
Check the legal eviction process
If you've been given a written eviction notice, check if it's valid. The rules depend on your tenancy type:
Even if you've been given a valid eviction notice, you do not have to move out. You have the right to stay and challenge the eviction at a tribunal.
It's illegal for your landlord to force you out before the tribunal has made a decision.
Get evidence of illegal eviction
Keep copies of texts or emails your landlord sends.
Keep a diary of what they say or do.
This will help if you need to:
report them to the council or the police
get your deposit back after an illegal eviction
claim compensation
If your landlord harasses you
Harassment is when your landlord interferes with your peace or comfort in your home.
Not all harassment leads to an illegal eviction. It’s still serious and it can be a criminal offence.
Harassment by your landlord can include:
coming to your home without telling you first
removing or interfering with your belongings
demanding money that you do not owe or cannot pay
Check our guidance on how to deal with landlord harassment.
Last updated: 3 October 2023
Housing laws differ between Scotland and England.
This content applies to Scotland only.