Unlawful eviction

The law states that if your landlord wants to evict you from your home he or she must follow the correct legal procedure.

In most instances unless a tenant wishes to leave voluntarily, a tenant will have the right not to be evicted from their accommodation until the landlord has first obtained a possession order from the court and had that order enforced by a bailiff appointed by the county court.

However, there are some important exceptions to this rule especially if your landlord lives in the same accommodation. If you have a resident landlord in some circumstances the landlord is not required to go to court to evict you. You should always seek advice on the type of tenancy which you hold.

In general all tenants or licensees should be given some form of notice from their landlord informing them that the landlord wishes to bring the agreement to an end.

The form of the notice will vary depending on the type of letting which has been created. The period of notice, which the landlord must give will also depend on the type of letting agreement which you have entered into. In most cases the notice to leave must also be set out in writing.

Unless you have a resident landlord once the notice period has expired the landlord must then apply to the county court for a possession order if he or she wants to evict the tenant. The landlord will not always be granted such an order and only the court has the power to decide whether or not the tenant must leave the property. This procedure can sometimes take several weeks.

It is a criminal offence for a landlord or an agent to unlawfully evict a residential occupier and offenders can face substantial fines or even imprisonment.

If you live in Brent and your landlord is threatening to unlawfully evict you, contact us on 020 8937 2000.  One of our officers will then be able to assess your case and explain your tenancy rights.