Threatened Illegal Eviction

{ (if: (saved-games:)contains "Inventory")[ (link: "Where You Left Off")[ (load-game: "Inventory") ] ] } (text-colour:#06357a)[''Explanatory Notes''] Illegal eviction is a criminal offence under (text-colour:#b31b34)[''s1(2) Protection from Eviction Act 1977'']:- (text-colour:#b31b34)[//'If any person unlawfully deprives the residential occupier of any premises of his occupation of the premises or any part thereof, or attempts to do so, he shall be guilty of an offence unless he proves that he believed, and had reasonable cause to believe, that the residential occupier had ceased to reside in the premises.'//] There are 3 elements to be aware of when receiving a complaint:- 1. The evidence for the offence itself. 2. The intention behind the action (the Mens Rea) 3. Anything that happened that might cause the perpetrator to believe that the renter was no longer in occupation. Links : (link: "Gov.UK guidance on illegal eviction")[(goto-url: 'https://www.gov.uk/private-renting-evictions')] [[Step 1 - Establish Their Rights to Remain in Occupation]] (enchant:?page,(text-colour:black)+(bg:white))

Remember excluded occupiers and bare licensees are not entitled to be evicted by court order. Do they have a written contract they could show you as proof of right to occupy? At any point did they tell the landlord they would be leaving on a given date? Have they served the landlord with 2 months' notice? This does not have to be a formal document but written notice would terminate the letting. If they have rights as a tenant or residential licensee, are they aware of any court proceedings for possession? And if so, at what stage are the proceedings? (If possession has been granted and they do not leave voluntarily, the landlord will be required to obtain a warrant of eviction first. Illegal eviction can still take place where full ‘due process’ has not been followed). Have they seen any letters arriving in connection with possession proceedings? Why are they being told to leave? Is this being accompanied by any other threats? Who is making the threat to evict? The landlord? The agent? Or a third party? Why do they believe this threat is being made? [[Step 2 - Establish What They Want]] { (set: $chapter to 1) (save-game: "Inventory") } (enchant:?page,(text-colour:black)+(bg:white))

(text-colour:#06357a)[These 2 questions will enable you to decide on how to deal or advise. ] 1. ''Do they want to remain in the property?'' - //If they want to remain in the property your next stage will be to consider how to prevent the eviction going ahead (see step 5)//. 2. ''Do they want to leave and are requesting assistance with re-housing?'' - //If they do not want to remain then you will have to explain their position in relation to any services your authority may be able to provide, including help with relocation or possible homelessness application but make clear that where they have either an interest in land (a tenancy) or a licence to occupy that has not been withdrawn, that they will not be considered homeless within the meaning of the Act unless any threats of violence likely to one carried out were to make occupation unreasonable. // (text-colour:#06357a)[''Links: ''] (link: "RROs explained")[(goto-url: 'https://england.shelter.org.uk/professional_resources/legal/housing_conditions/private_sector_enforcement/rent_repayment_orders')] (link: "Civil damages explained")[(goto-url: 'https://england.shelter.org.uk/housing_advice/eviction/illegal_eviction_injunctions_and_compensation')] [[Step 3 - Checking Background and Status of Perpetrators]] { (set: $chapter to 2) (save-game: "Inventory") } (enchant:?page,(text-colour:black)+(bg:white))

If time allows, carry out these checks before making contact with the person making the threats, so you are forewarned. The Protection from Eviction Act provides that “Any person” may be guilty of the offence of illegal eviction, not just a landlord. So, if you know the identity of the person check their name out on Google or companies house:- (link: "Companies house")[(goto-url: 'https://www.gov.uk/get-information-about-a-company ')] If the person making the threat works for a company, then check the officers of the company as they may be liable for the offence:- (text-colour:#b31b34)[''s1(6) Protection from Eviction Act 1977:- ''] (text-colour:#b31b34)[//Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager or secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.//] If the allegation is against the landlord, then perform a land registry search to establish whether the landlord is the owner of the property, they may not be:- (link: "Land registry")[(goto-url: 'https://www.gov.uk/search-property-information-land-registry')] Check the council’s property licensing register to see if a licence is required and whether it is so licensed and who the licence holder is. Talk to people in the licensing team, environmental health and other related teams to ascertain whether the parties are known to the council. [[Step 4 - Make Contact]] { (set: $chapter to 3) (save-game: "Inventory") } (enchant:?page,(text-colour:black)+(bg:white))

Having established the security of the complainant, the evidence for the offence and made suitable background checks contact the person making the threats. Explain the complaint as put to you by the occupier and ask them for their version of events. Presuming they dont hang up the conversation will go one of two ways:- 1. They deny it. 2. They admit it, either openly or simply on their testimony. If they deny making such a threat, make concise notes of their answers. Later on, they may go ahead with the eviction, and you will need contemporaneous notes to rely on. If they reference paperwork such as court documents, get them to send you copies straight away so you can verify. If they mention names of anyone else, make sure you write down who this person is and what connection they have with events. If they argue that the renter surrendered or terminated their right to occupy, ask clear questions for why they believe this to be the case. Make a note of anything they tell you that the complainant did not, and put it to the tenant before calling the person back. Explain the legal requirements for a lawful eviction and the penalties for breaching them, emphasising that the tenant could seek RROs and damages against them and the local authority could prosecute under the Protection from Eviction Act or Impose a Civil Penalty of £40,000. It can be helpful at this stage to point out to them that under s107 Renters Rights Act 2025 the council would be under a statutory duty to either prosecute or impose a CPN for such an offence and that this would not affect the tenant's rights to also claim an RRO or damages. [[Step 5 - Further Offences and Options to Consider]] { (set: $chapter to 4) (save-game: "Inventory") } (enchant:?page,(text-colour:black)+(bg:white))

(text-colour:#b31b34)[S1 Protection from Eviction Act 1977] - The standard definition of illegal eviction and the mechanism for prosecution. (text-colour:#b31b34)[S6(1A) Criminal Law Act 1977] - Using force to rescuer the accommodation if the eviction goes ahead. (text-colour:#b31b34)[Civil Penalty Notice of £40,000] - Available to the local authority as an alternative to prosecution. (text-colour:#b31b34)[Rent Repayment Order] - Available to tenant where rent paid by them or council where rent paid in benefits. (text-colour:#b31b34)[Civil injunction] for re-entry. (text-colour:#b31b34)[Damages] for trespass. (text-colour:#b31b34)[S222 Local Government Act 1972] - Local authority led injunction also for re entry. (text-colour:#b31b34)[S43(5) Anti-Social Behaviour, Crime & Policing Act 2014] - local authority can use Community Protection Warnings and Community Protection Notices to prevent illegal eviction. (text-colour:#b31b34)[Civil damages] - Available to the tenant that can easily run into the tens of thousands of pounds (text-colour:#b31b34)[S27 and s28 Housing Act 1988] - Damages for unlawful eviction. (text-colour:#06357a)[''Links: ''] (link: "Article on s27 & s28 damages for unlawful eviction")[(goto-url: 'https://localgovernmentlawyer.co.uk/property/313-property-features/22885-statutory-damages-for-eviction')] (link: "Civil Penalty Notices")[(goto-url: 'https://assets.publishing.service.gov.uk/media/5ac63c47ed915d76a313cbd5/Civil_penalty_guidance.pdf')] (link: "Damages trespass to land")[(goto-url: 'https://www.duncanlewis.co.uk/Actions-in-trespass.html')] (link: "Rent Repayment Orders for Illegal eviction")[(goto-url: 'https://assets.publishing.service.gov.uk/media/5a81fcbae5274a2e87dc08cc/Rent_Repayment_Orders_guidance.pdf')] [[Step 6 - Template Letters]] { (set: $chapter to 5) (save-game: "Inventory") } (enchant:?page,(text-colour:black)+(bg:white))

There are 3 separate letters here:- Letter 1: Where you have not managed to get hold of the landlord and need to put them on notice of the allegation. Letter 2: When you have spoken to the landlord but they refuse to reinstate the tenant. Letter 3: When the landlord has relented and you want to send a formal record of the situation. [[Letter 1 - Where you have not managed to get hold of the landlord and need to put them on notice of the allegation.]] [[Letter 2 - When you have spoken to the landlord but they refuse to reinstate the tenant.]] [[Letter 3 - When the landlord has relented and you want to send a formal record of the situation.]] { (set: $chapter to 6) (save-game: "Inventory") } (enchant:?page,(text-colour:black)+(bg:white))

(text-colour:#ff9a00)[Name of Tenant Address of tenant. Date of issue of letter. ] Dear (text-colour:#ff9a00)[name of recipient], Re: (text-colour:#ff9a00)[Name of client ]of property at (text-colour:#ff9a00)[address of client]. I represent the (text-colour:#ff9a00)[name of authority here] discharging their designated function under s6 of the Protection from Eviction Act 1977 to investigate and prosecute breaches of said Act and ancillary legislation. The above-named person has approached our authority seeking advice and assistance they claim they are experiencing with their letting. They have advised me that you are the (text-colour:#ff9a00)[landlord/agent] for this property and that on (text-colour:#ff9a00)[date here] you attended the property and evicted them without following due process. Having interviewed (text-colour:#ff9a00)[name of client] at length and made sufficient enquires as to their status in the property, I am satisfied that they occupy under a (text-colour:#ff9a00)[type of tenancy or licence] and as such it is incumbent upon a landlord to obtain possession through the courts. It is my understanding at the moment that you have not obtained possession in this way and instead have taken direct action and evicted them by (text-colour:#ff9a00)[short explanation here of the specific way the eviction was effected]. To evict or attempt to evict without having obtained a possession order from the court, followed by a warrant of eviction should the occupier fail to vacate, is a criminal offence under the above mentioned Protection from Eviction Act. It is the local authority rather than the police that prosecutes under this legislation. I need you to make arrangements to allow (text-colour:#ff9a00)[name of client] to immediately reoccupy their accommodation by supplying them with a copy of the keys. If you decide not to comply with the law, then the local authority will be under a statutory duty to either prosecute you in the criminal court or impose a civil penalty of up to £40,000. Notwithstanding this we are empowered to assist the tenant with civil action for damages including a Rent Repayment Order of 2 years' worth of rent if necessary I have not managed to speak to you directly so far and it may be the case that you feel that your position is being misrepresented by (text-colour:#ff9a00)[name of client's] allegations and I am more than happy to discuss this issue with you should you wish to contact me on (text-colour:#ff9a00)[phone number/email] but in the meantime I would suggest that you be mindful of due process, the criminal prosecution powers of the local authority and the various avenues available to the tenant for damages. Yours sincerely, { (set: $chapter to 7) (save-game: "Inventory") } (enchant:?page,(text-colour:black)+(bg:white))

(text-colour:#ff9a00)[Name of Tenant Address of tenant. Date of issue of letter. ] Dear (text-colour:#ff9a00)[name of recipient], Re: (text-colour:#ff9a00)[Name of client] of property at (text-colour:#ff9a00)[address of client]. I represent the name of authority here discharging their designated function under s6 of the Protection from Eviction Act 1977 to investigate and prosecute breaches of said Act and ancillary legislation. You will recall we spoke recently about (text-colour:#ff9a00)[client name here] in connection with allegations that on (text-colour:#ff9a00)[date of offence] you (text-colour:#ff9a00)[set out summary of allegation here]. During this call, you admitted that the allegations made were true and refused to allow (text-colour:#ff9a00)[name here] to reoccupy their accommodation. You will further recall that I explained to you the law in respect of eviction procedures and the definition of offences along with both the criminal and civil consequences of such actions. I am satisfied that you understood what I said to you and also grasped the seriousness of the allegations and the offences. If I have not heard from yourself or the tenant by 4pm today that you have made arrangements for them to re-occupy their accommodation then I will officially began enquiries into the criminal allegations laid before me and will be consulting the council’s legal department in relation to the next stages and whether the authority should decide on prosecution or civil penalty notice of up to £40,000. I will also continue to provide advice and support for (text-colour:#ff9a00)[name of client here] in any civil action they may wish to take for damages. I would strongly advise you to seek the advice of a solicitor and show them a copy of this letter explaining the council’s roll, its statutory duties and current intentions. Yours sincerely, { (set: $chapter to 8) (save-game: "Inventory") } (enchant:?page,(text-colour:black)+(bg:white))

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