Unlawful eviction is when your landlord or someone acting for them forces you to leave your home without following the proper legal procedures.
Unless you are sharing part of your accommodation with your landlord (such as a bathroom, kitchen or living room), you can only be forced to leave your home by the County Court Bailiffs. For this to happen your landlord must serve a proper written notice telling you that your tenancy is being ended, and then must apply to the County Court for a Possession Order requiring you to leave. Only the bailiffs can enforce the Possession Order and force you to leave, this can not be done by your landlord.
Housing Associations
Housing association tenants can only be evicted in certain circumstances, such as breaking one of the terms in their tenancy agreement. If this happens, the housing association should give you notice. The amount of notice you get depends on why you are being evicted and the kind of tenancy you have. You can find out more by reading the Shelter webpage on eviction of housing association tenants.
Private Tenants
Private landlords usually have to follow special legal procedures in order to evict tenants. They sometimes need a particular legal reason to evict tenants but in many cases they don't. Whether your landlord can evict you and how depends on the type of tenancy you have. You can find out more by reading the Shelter webpage on eviction of private tenants.
Gypsies and Travellers
Gypsies and Travellers can be evicted from land they have stopped by the police or by the Council even if it is land the own. For further information see Shelter's webpage on eviction of Gypsies and Travellers.
For further information
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Contact: The Housing Team
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Email: housing.services@eden.gov.uk
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Telephone: 01768 817817
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Fax: 01768 890470
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Address: Eden District Council, Mansion House, Penrith, Cumbria CA11 7YG
