Unlawful eviction and harassment: what landlords must avoid

Changing locks, cutting services or pressuring a tenant to go are criminal offences. Here is the line and how to stay on the right side of it.

4 min read · Updated 21 August 2026

Overview

The Protection from Eviction Act 1977 makes it a criminal offence to evict a residential occupier without a court order or to harass them with the intention of making them leave. Local authorities prosecute, and tenants bring civil claims for damages that can run well beyond the value of any arrears. The rule applies even where the tenant has stopped paying, has damaged the property or is behaving badly.

Why it matters

A landlord who loses patience at the end of a slow possession process can turn a recoverable debt into a criminal conviction, a rent repayment order and a banning order.

Legal requirements

Eviction of a residential occupier requires a court order and, in most cases, a bailiff.
Harassment includes acts likely to interfere with peace or comfort intended to make an occupier leave.
Withdrawing services such as heating, water or electricity is expressly covered.
Councils can prosecute and tenants can claim damages, with rent repayment orders also available.

Common mistakes

Changing the locks while the tenant is out, even after the notice has expired.
Removing the tenant's belongings or putting them outside.
Turning up repeatedly without notice to pressure the tenant into leaving.
Telling a tenant they must go by a date when no court order exists.

Practical guidance

Follow the notice, claim, order and warrant sequence without shortcuts.
Give at least twenty four hours written notice for any visit and keep visits proportionate.
Offer a written surrender agreement if the tenant wants to leave early, and record the handover.
Take legal advice rather than acting on frustration if the process stalls.

Where harassment starts

Harassment is broader than most landlords expect. Repeated calls and messages, unannounced visits, threats about immigration status, allowing conditions to deteriorate deliberately and cutting off a supply can all qualify. Intent matters, and a pattern of behaviour is judged as a whole. Keeping communication in writing, factual and limited to the tenancy is the simplest protection, and it also produces a record that shows you behaved properly.

Lawful ways to speed things up

If you need the property sooner, negotiate. A surrender agreement with a clear date, a rent waiver or a contribution to moving costs is often cheaper than three more months of court time. Document any agreement, take a signed surrender and photograph the returned keys. If the tenant genuinely abandons the property, do not assume, because getting abandonment wrong is one of the most common routes into an unlawful eviction claim.

Frequently asked questions

The tenant has left and stopped paying. Can I change the locks?

Only once the tenancy has genuinely ended by surrender or court order. If belongings remain and there is any doubt, treat it as an abandonment question and get advice first.

What damages can a tenant claim?

Courts award general damages for loss of the home plus special damages for costs, and in serious cases exemplary damages. Rent repayment orders can require up to twelve months of rent to be repaid.

Can I enter to carry out repairs if the tenant refuses?

You have a right of access with proper notice for inspection and repair, but you cannot force entry. If access is refused persistently, apply to court rather than entering without consent.

Plain-English UK compliance changes, Renters' Rights Act 2025 updates and new guides — no spam, unsubscribe any time.

This guide is general information for UK landlords and letting agents, not legal advice. Rules differ across England, Wales, Scotland and Northern Ireland — check your local requirements or take advice before acting.