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 or someone acting on their behalf 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, fined, or in some cases imprisoned.

If you’re evicted illegally and you cannot return to the property, 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 advice on:

• staying in a home after a relationship breakup

• eviction if you live with your landlord

• disputes if you live with flatmates

Check if your landlord is following the legal eviction process

If you receive a written notice, make sure it's valid. The rules depend on your tenancy type:

• eviction from a private residential tenancy

• eviction from an assured or short assured tenancy

Even if you receive a valid written 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. If an eviction order is granted, only sheriff officers can remove you from your home.

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. Check our advice on how to deal with landlord harassment.

Harassment is serious and can be a criminal offence, even if it does not lead to an illegal eviction.

Harassment by your landlord or their agent can include:

• coming to your home without telling you first, especially if they do this repeatedly or when you've asked them not to

• removing or interfering with your belongings

• repeatedly withdrawing services from you, like switching off your gas or electricity supply

• demanding money that you do not owe