Housing Solicitors

It is a crime for landlords to evict tenants without following their legal obligations and if you feel have been unfairly treated, it may be time to seek proper advice.

The correct procedures include serving the right notice depending on the basis of occupation of the property and on which the landlord is seeking possession.

Unless the occupation of a property is not covered by the Protection from Eviction Act 1977, then the correct court procedure must be followed.

Obtaining a possession order and eviction date are essential in most instances. There may be circumstances when a landlord can evict you without following this procedure, such as if you are a lodger, or your landlord is a resident landlord. However, even then tenants must be given reasonable notice.

Proposals for abolishment of Section 21 notices (S21s) – no fault evictions - for private tenancies have been the subject of much media debate in recent months. As things stand, this is still in the pipeline but there is still plenty of detail to be decided about exactly what will take its place. However, even a S21 notice still has be served correctly and can be challenged in the courts. The law in the area of housing is complex and it is critical to seek advice when you are threatened with eviction.

Landlords do sometimes try to remove tenants without following the correct procedure and this can result in serious consequences.
A judge recently gave one landlord a suspended 24-week prison sentence after he illegally evicted a tenant – and former friend – whom he booted out his property, claiming he need to self-isolate due to Covid.

And, in another recent case, a couple dubbed Britain’s "worst landlord duo" were jailed after a shocking campaign of intimidation against a string of tenants, which included illegal evictions.

These examples are extreme – and thankfully rare- but there are numerous less obvious cases, where uncertainty and fear leave mean tenants lose out and landlords go unpunished. The fact remains that illegal evictions are a crime and there are remedies within civil law, including injunctions for re-instatement to a property as well as to prevent an illegal eviction, and further compensation.

If a landlord is attempting to evict someone illegally without following the correct procedure, or by making threats or cutting off critical supplies to the property such as gas or electrics, then legal advice is vital.

How can Duncan Lewis help?

If you think you are being illegally evicted it is important to contact us for legal advice as soon as possible. You may be eligible for legal aid (public funding) for your case in this respect.

Duncan Lewis advises on all aspects of landlord and tenant law – including in respect of notices seeking possession, breach of tenancy agreement, rent arrears and landlords failing to carry out repairs.

Our housing team is ranked and recommended by The Legal 500 and Chambers & Partners UK for its services nationwide to social tenants across London, and provides guidance for landlords and tenants on all housing issues. We are highly experienced at finding solutions to your housing issues and aim to address cases quickly and effectively.

We can guide you in any matter or issues arising with local housing authorities, housing applications, tenants, landlords, ownership, repairs and much more. We also regularly represent clients in the courts, ensuring they receive the highest quality assistance throughout their case.

About the author: Dianne Cowie is a director of housing at Duncan Lewis Solicitors, with extensive experience in all housing matters including, disrepair, possession proceedings, injunction and committal proceedings, as well as homelessness appeals and judicial reviews.

She is highly skilled in possession matters and specialises in housing disrepair matters helping tenants and leaseholders ensure repairs are carried out to their properties and when possible obtaining compensation for clients affected by disrepair.

For expert legal advice on unlawful eviction contact Dianne via email at diannec@duncanlewis.com or via telephone on 020 7014 7339.