Re-entry after an unlawful eviction
In some situations, it may be possible for an unlawfully evicted tenant to regain possession.
It will depend very much on the exact circumstances of the case but, if appropriate, this could be done by forcing re-entry (for example, by breaking a window and changing the locks) if s/he feels it safe to do so. It must be stressed that if an evicted tenant does try to regain occupation in this way, it is always advisable for them to have an independent witness and preferably assistance from the police in case of a confrontation with the landlord.
It should also be pointed out to the tenant that if they use this remedy they must be aware of the risk that they may be held liable for the costs of any repair to the property, and unless the police are involved with gaining re-entry, that they may also be charged with damaging the property.
Last updated: 29 December 2014