I’m being unlawfully evicted by my landlord. What do I do?

29 May 2026

You’ve just received the news that your landlord is evicting you and you might feel like you have no other option but to pack your bags.

Many tenants in the UK do not realise they have legal protections and that a landlord cannot force them to leave without following the correct procedure.

Our litigation and dispute resolution, Lorraine Walker, explains your tenancy rights and when an eviction becomes unlawful.

Can my landlord evict me without warning?

A landlord must follow strict legal procedures before removing a tenant from a property.

Even if your tenancy agreement has ended or your landlord wants the property back, they cannot legally evict you overnight.

Illegal eviction is actually a criminal offence in the UK and tenants may be entitled to compensation.

A landlord must serve a valid written eviction notice to evict a tenant lawfully.

They must also apply to the court for a possession order if the tenant does not leave and obtain a warrant for possession and use certified bailiffs to carry out the eviction.

When is an eviction unlawful?

An eviction can be unlawful if your landlord:

• Fails to give the correct notice period.
• Uses the wrong legal forms.
• Does not protect your tenancy deposit correctly.
• Harasses or intimidates you into leaving.
• Changes the locks while you are still legally entitled to occupy the property.
• Attempts a revenge eviction after you requested repairs or complained about housing conditions.
• Does not obtain a court order before asking bailiffs to remove you.

Many tenants wrongly assume they have no option but to leave once they receive a notice.

However, eviction notices can often be challenged if the landlord has not followed the law correctly.

How the Renters’ Rights Act changes evictions

There were previously two types of eviction notices that a landlord could give to tenants – a Section 8 notice and a Section 21 notice.

However, the Renters’ Rights Act has changed the way evictions work in England and brought greater protection for tenants.

Since 1 May 2026, landlords can no longer rely on Section 21 no-fault evictions for most assured periodic tenancies. They can only give the tenant a notice under section 8 of the Housing Act 1988 to end the tenancy.

Landlords must also now provide a legally recognised ground for possession when asking tenants to leave.

What is a Section 8 notice?

A Section 8 notice is used when a landlord claims a tenant has breached the tenancy agreement, such as through rent arrears or antisocial behaviour.

Landlords must explain the legal grounds and provide supporting evidence if the matter goes to court.

Even where a Section 8 notice has been served, tenants may still be able to challenge the eviction if the allegations are incorrect or the notice is defective.

Can my landlord seek possession?

Your landlord may still seek possession of your property if:

• They intend to sell the property.
• They or a family member plan to move in.
• There are serious rent arrears.
• The tenant has engaged in antisocial behaviour.

Landlords must still use the correct legal forms and provide the required notice periods, which will often be at least four months.

These reforms are here to protect you from unfair or retaliatory evictions and you need to make sure you exercise your rights.

Know your rights before you leave

One of the biggest mistakes we see tenants make is leaving involuntarily before getting legal advice.

You may still have grounds to challenge the notice or negotiate more time, even if you believe the eviction is inevitable.

Our professional team can support you by checking whether your eviction notice is valid and challenging any unlawful evictions.

We want to help you remain in your home where possible and make sure you are being treated right.

If you need further advice on an eviction dispute, get in touch.