Defending a Claim for Unlawful Eviction

Defending a claim for unlawful eviction can be costly and damaging to landlords, both financially and reputationally. Understanding how to defend such claims is crucial to ensuring compliance with legal obligations while protecting property rights. This guide sets out key considerations for landlords, including occupant protections, legal defences, and how damages are calculated.

Understanding Occupant Protections Against Eviction

The law provides different levels of protection against eviction depending on the type of occupant. Landlords must be aware of these distinctions to avoid falling foul of unlawful eviction claims.

Protected Occupants

The Protection from Eviction Act 1977 provides protection from eviction to residential occupiers unless the relevant exceptions apply. The following types of occupants enjoy legal protection from eviction:

Assured Shorthold Tenants (ASTs) – The most common type of tenancy in the private rented sector, requiring landlords to follow strict legal procedures, including Section 8 and Section 21 notices.
Assured Tenants – Tenants with greater security of tenure who can only be evicted on specific statutory grounds.
Regulated Tenants – Protected under the Rent Act 1977, these tenants have extensive security of tenure and rent control protections.
Licensees with Exclusive Possession – While genuine lodgers do not enjoy security of tenure, some licensees may be deemed tenants by the courts, giving them protection.
Tenants with Statutory Tenancies – Some tenancies continue under statute after expiry, requiring court proceedings for eviction.

Excluded Occupants

Certain types of occupants are not protected from eviction in the same way:

Lodgers – Living in the same property as the landlord and sharing facilities; can be evicted without a court order.
Holiday Let Occupants – Staying under a licence agreement for a short-term period.
Trespassers/Squatters – Do not have legal rights to remain and can be removed under specific legal procedures.
Employees Living in Tied Accommodation – Where occupation is linked to employment, eviction may be permitted upon termination of employment.

Unlawful Eviction as a Criminal Offence

Unlawful eviction is not only a civil matter but also a criminal offence under the Protection from Eviction Act 1977. A landlord or their agent who unlawfully evicts a tenant could face prosecution, with penalties including fines and even imprisonment. Local authorities have the power to bring criminal proceedings against landlords who engage in illegal eviction practices. Convictions for unlawful eviction can severely damage a landlord’s reputation and result in significant financial and legal consequences.

Surrender of Tenancy: Implied vs Express Surrender

A key issue in unlawful eviction claims is whether a tenancy was lawfully terminated. If the tenancy has not ended, any attempt to remove the tenant may be unlawful. There are two ways a tenancy may end through surrender:

Express Surrender

An express surrender occurs when both landlord and tenant formally agree to end the tenancy, usually by signing a surrender agreement. This provides clarity and protects the landlord from claims of unlawful eviction.

Implied Surrender

An implied surrender occurs when the tenant’s actions demonstrate they have given up possession, such as:

Handing back the keys to the landlord
Moving out with all their belongings
Failing to pay rent for an extended period without communication

The Assumption of Implied Surrender: A Leading Cause of Unlawful Eviction Claims

Many unlawful eviction claims arise because landlords incorrectly assume a tenant has surrendered their tenancy. Even if a tenant appears to have vacated, if they retain legal possession (e.g., they still have keys or leave belongings behind), eviction without due process can be unlawful. Landlords should seek legal advice before taking action.

Defences Available to a Landlord Against an Unlawful Eviction Claim

If a landlord faces an unlawful eviction claim, there are several defences that may be available:

Reasonable Person Defence

A landlord may argue that they acted as a reasonable person in the given circumstances. This defence may apply if:

The landlord had reasonable grounds to believe the tenant had lawfully surrendered the tenancy.
The tenant abandoned the property, and the landlord took reasonable steps to confirm their departure.
The eviction was carried out in compliance with relevant legal procedures.

Calculating Damages for Unlawful Eviction

If an unlawful eviction claim succeeds, the court may award damages based on statutory and common law principles.

Statutory Compensation

Under the Housing Act 1988, a tenant may claim damages for unlawful eviction based on the loss of security of tenure, distress, and inconvenience. The calculation typically considers:

The rental value of the property
The tenant’s remaining tenancy term
Additional costs incurred due to eviction (e.g., hotel expenses)

Common Law Compensation

Courts may also award damages for:

Loss of Use and Enjoyment – The distress and inconvenience caused to the tenant.
Exemplary Damages – If the landlord acted maliciously or with extreme disregard for the law.
Punitive Damages – If the landlord’s conduct was particularly egregious, courts may impose a penalty to deter future unlawful evictions.

Rent Repayment Orders

In addition to damages, a tenant may apply for a Rent Repayment Order (RRO), requiring the landlord to repay up to 12 months of rent if they have been convicted of unlawful eviction. This can result in substantial financial losses for the landlord and underscores the importance of following proper eviction procedures.

Expert Legal Support from Landlord Advice UK

Defending a claim for unlawful eviction requires expert legal knowledge and careful navigation of housing laws. At Landlord Advice UK, our specialists have extensive experience assisting landlords in defending against unlawful eviction claims. If you are facing a claim or require guidance on eviction procedures, contact us today for expert legal advice and representation.