A landlord who changes the locks, removes a tenant’s belongings or cuts off the water to force someone out may be committing a criminal offence. The Protection from Eviction Act 1977 makes unlawful eviction and harassment of a residential occupier offences in England and Wales, and separate provisions allow the former occupier to claim damages. A civil penalty regime for local councils applies to premises in England only. This guide covers England and Wales, and points out where the rules apply only in England.
Who counts as a residential occupier
Section 1 defines a residential occupier as a person occupying premises as a residence, whether under a contract or under any enactment or rule of law giving a right to remain in occupation or restricting another person’s right to recover possession.
The offence of unlawful eviction
Under section 1(2), any person who unlawfully deprives the residential occupier of the premises, or of part of them, or attempts to do so, is guilty of an offence. The only defence written into the subsection is that the person proves that they believed, and had reasonable cause to believe, that the occupier had ceased to reside there. The subsection applies to any person, not only landlords.
Harassment of an occupier
Section 1(3) creates a second offence for a person who, intending to make the occupier give up the premises or refrain from exercising a right or remedy, does acts likely to interfere with the peace or comfort of the occupier or their household, or persistently withdraws or withholds services reasonably required for living there. Section 1(3A) adds a specific offence for a landlord or the landlord’s agent who does such acts or persistently withdraws services, knowing or having reasonable cause to believe that the conduct is likely to cause the occupier to give up the premises or refrain from exercising a right. A person is not guilty under that subsection if they prove they had reasonable grounds for the acts or the withdrawal. General harassment law is covered separately in the guide to harassment and stalking.
Penalties: criminal and civil
On summary conviction the penalty is a fine up to the prescribed sum, imprisonment of up to 6 months, or both. On conviction on indictment it is a fine, imprisonment of up to 2 years, or both. Since 1 May 2026, section 1A has also allowed a local housing authority in England to impose a financial penalty on a person it is satisfied beyond reasonable doubt has committed an offence under section 1 in relation to premises in England. The amount is set by the authority but must not exceed £40,000. A penalty cannot be imposed for conduct that has led to a conviction or where criminal proceedings for it are pending, and a person cannot be convicted for conduct that has already led to a penalty under section 1A.
When a court order is required
Section 3 says that where premises were let as a dwelling under a tenancy that is neither a statutorily protected tenancy nor an excluded tenancy, and the tenancy has ended but the occupier remains, the owner may enforce the right to recover possession only through court proceedings. The same protection applies to dwellings occupied under a licence other than an excluded licence. The route for private tenants in England is explained in the guide to how evictions work in England.
Excluded tenancies and licences
Not every occupier has this protection. Under section 3A, a tenancy or licence is excluded where the occupier shares accommodation with a landlord or licensor who lived in that building as their only or principal home both before the grant and when it ends. GOV.UK’s guidance for landlords in England says that, for an excluded tenancy or licence such as a lodger living with the landlord, no court order is needed and only reasonable notice to quit is required. Reasonable notice usually means the length of the rental payment period, it need not be in writing, and the landlord can then change the locks. That guidance applies to England only.
Damages for the former occupier
Section 27 of the Housing Act 1988 gives a former residential occupier a claim for damages against a landlord, or a person acting for the landlord, who unlawfully deprives them of their occupation or who harasses them in the way described above so that they give up the premises. The liability is in the nature of tort and is in addition to any other liability in tort, contract or otherwise, although damages cannot be awarded twice for the same loss. No liability arises if the occupier is reinstated, including through a court order made at their request. Related money claims are covered in the guides to tenancy deposit protection and rent repayment orders.
FAQs
Can a landlord change the locks if rent is unpaid?
Not for an occupier protected by the 1977 Act. Unlawfully depriving a residential occupier of occupation is an offence, and the landlord must use the court process unless the tenancy or licence is excluded.
Does the £40,000 penalty apply in Wales?
No. Section 1A refers to offences in relation to premises in England. The section 1 offences themselves apply in England and Wales.
What should an occupier who is locked out do?
Immediate advice from the local council’s housing or tenancy relations team, a housing charity or a solicitor is sensible, because reinstatement and damages both depend on prompt action.
The bottom line
The Protection from Eviction Act 1977 makes it an offence in England and Wales to unlawfully evict or harass a residential occupier, requires a court order to recover possession in most cases, and allows damages under the Housing Act 1988. Since 1 May 2026, English councils can also impose penalties of up to £40,000, while lodgers in excluded arrangements have less protection. This is general information, not legal advice.
Sources
- legislation.gov.uk, “Protection from Eviction Act 1977, section 1: Unlawful eviction and harassment of occupier”
- legislation.gov.uk, “Protection from Eviction Act 1977, section 1A: Financial penalty for offence under section 1”
- legislation.gov.uk, “Protection from Eviction Act 1977, section 3: Prohibition of eviction without due process of law”
- legislation.gov.uk, “Protection from Eviction Act 1977, section 3A: Excluded tenancies and licences”
- legislation.gov.uk, “Housing Act 1988, section 27: Damages for unlawful eviction”
- GOV.UK, “Evicting tenants in England: Overview”