Being evicted without sufficient cause is illegal. Section 5 of the Housing Act 1988 ensures that an assured tenancy cannot be brought to a premature end by the landlord except without the order of the court and a warrant of possession. Futhermore, Section 1 of the Protection from Eviction Act 1977 makes unlawful or illegal eviction of a tenant a criminal act.
If you are going through the distress, inconvenience and hardship of illegal eviction, search through the profiles of Oratto's unlawful eviction solicitors today to find the specialist who is best-suited to help you assert your full rights under the law.
Re-admittance to a property
Tenants have rights - this means that landlords cannot evict them without ensuring they have met certain requirements and procedures.
As such, if a tenant is evicted without the landlord following the correct process, the tenant may be able to instruct an unlawful eviction solicitor who in turn can take the case to court. In cases like this, the courts may order the tenant to be allowed back into the property.
Upholding evictions
There are some cases where a landlord's decision to evict may be upheld. However, the landlord still has an obligation to provide adequate notice and follow a specified procedure.
The following situations may be seen as valid reason to evict:
- Rent is overdue by at least eight weeks
- The tenant has caused significant damage to the property
- Rent is habitually paid late
- The tenant has inflicted anti-social behaviour on neighbours
- The landlord wishes to demolish the building
- The landlord wishes to make significant alterations to the building
- The landlord wishes to move the tenant to alternative accommodation
Harrassment
Tenants who are evicted without an appropriate court order have several options for redress, particularly if the landlord has harassed the tenant – examples of harassment include physical and verbal threats, abusive behaviour, violence and behaviour that is designed to intimidate, inconvenience or lessen enjoyment of the property.
Remedies
Tenants have multiple remedies available. An unlawful eviction solicitor can apply to the court for injunctions, restraining orders and compensation.
However, in many cases having the right legal advice at an early stage can help reduce the need for the involvement of the courts.
The following forms of monetary compensation may be available to an unlawfully evicted tenant:
- Statutory damages
- Special damages
- General damages
- Aggravated damages
- Exemplary damages
- Loss of belongings
Unlawful eviction solicitors
Every one of Oratto's unlawful eviction solicitors has a strong and demonstrable track record of success in resolving this kind of landlord-tenant dispute. However, each has his or her own particular area of expertise and experience. That ‘s why we allow you to find the specialist who is right for you and the areas of the law relevant to your case.
If you are unsure which solicitor would suit your case, use the Oratto Match facility and by giving us a few details, we can suggest the member solicitor who we feel will offer you the best service for your particular needs.
