There are a lot of reasons why landlords choose to work with a letting agency to manage their houses, flats and buildings, one of which is that a dedicated company is well-versed in tenant and property management.

One place where this is particularly helpful is when it comes to evictions. There are different rules for evictions depending on the tenancy agreement, and these rules are also set to change if/when the Renters’ Rights Bill is passed.

Most landlords are aware of the process as it currently exists or will seek advice if they are not sure. Tenants are given a Section 21 notice for a no-fault eviction or a Section 8 notice if they have broken the terms of the tenancy agreement.

If they do not leave voluntarily, you can apply for a possession order and later a warrant for possession if they continue to live in the property.

The process is relatively straightforward, but it is essential to follow it because otherwise, a tenant can challenge what could potentially be an illegal eviction.

Here is what an illegal eviction is and how to avoid them.

What Is An Illegal Eviction?

An illegal eviction is where a landlord attempts to make a tenant leave without following the appropriate process to do so. This can be challenged by a tenant and can potentially lead to damages being claimed.

There are a few ways in which an eviction can be made illegitimate, which range from honest mistakes to much more deliberate actions, and the penalties can increase based on the level of intent.

Here are some of the more common causes of illegal evictions and how to avoid them.

Incorrect Paperwork Or Not Enough Notice

There is a formal structure to inform a tenant of an eviction, including using the right forms, giving adequate notice (at least two months for a Section 21 notice) and ensuring that all documents are filled in correctly.

This notice is vital even if the reason for the eviction is due to the repossession of the property by a mortgage lender.

Working with a letting company or legal expert who has experience working with evictions will help considerably.

Bringing In Bailiffs Without A Court Order

Without a court order, you typically cannot force an eviction. In many cases, if an eviction notice is given, tenants will make alternative arrangements and leave, and the best course of action is to communicate with tenants for a mutually beneficial solution.

However, without a court order that a judge agrees to, you cannot evict a tenant, so avoid escalating an already tense situation.

Changing The Locks

Unless you have an excluded tenancy, such as when you have let a room in your house out, you cannot change the locks to force the tenants to stay out. The only advice here is not to do anything to keep tenants out until you have the court order that will allow you to do so.

Harass Tenants Into Leaving 

The laws surrounding illegal evictions make it clear that it is an offence to harass tenants to force them to leave, and this can take a wide variety of forms.

Withdrawing services that are paid by the landlord under the tenancy is illegal, as is not issuing enough keys for every tenant in the property.

Similarly, landlords cannot demand an excessive amount for repairs to a property, nor can they neglect to carry out repairs for the purpose of driving tenants out.

A landlord also cannot remove belongings from a property, nor can they or someone working for them make tenants feel uncomfortable or unsafe to make them leave.

Evictions should be undertaken professionally and legally, and working with an agency can ensure the best possible outcome for everyone involved.