Never evict without a court order or harass a tenant

Any residential occupier in England, including tenants whose notice has expired.

Do not unlawfully deprive an occupier of the home (e.g. changing locks, removing belongings) or attempt to. Do not do acts likely to interfere with the occupier's peace or comfort, or persistently withdraw or withhold services (utilities, keys), knowing or having reason to believe it is likely to make them leave or stop exercising their rights. Recover possession only through a court order enforced by court-appointed enforcement officers.

Deadline

Ongoing

• Possession order and enforcement documents
• Records of service provision and communications

Civil penalty

Up to £40,000

Criminal offence

Yes, you can be prosecuted

Rent repayment

A rent repayment order can be made

Other consequences

Offence under Protection from Eviction Act 1977 s.1: up to 6 months' imprisonment and/or fine on summary conviction, up to 2 years and/or unlimited fine on indictment. From 1 May 2026 councils may impose a civil penalty of up to £40,000 instead of prosecution (s.1A). Rent repayment order of up to 2 years' rent. Tenant may also claim damages and re-entry.

• Protection from Eviction Act 1977, s.1 (unlawful eviction and harassment of occupier)legislation.gov.uk
• Renters' Rights Act 2025, s.58 (inserts PEA 1977 s.1A: financial penalty up to £40,000)legislation.gov.uk
• Housing and Planning Act 2016, s.40 (rent repayment orders: offences table)legislation.gov.uk

Official guidance

The financial penalty power applies from 1 May 2026 (SI 2026/421 reg 3(d)).

• Section 21 is abolished: never serve a section 21, notice to quit or informal eviction noticeIn force since 1 May 2026Fine up to £7,000

  Section 21 'no fault' evictions ended for private tenancies on 1 May 2026. The only route is a section 8 notice on Form 3A with a valid ground. Serving anything else that purports to end the tenancy is a breach.

• Seek possession only by a section 8 notice on Form 3A with the correct notice periodIn force since 1 May 2026Fine up to £7,000

  To end a tenancy you need a statutory ground, a section 8 notice on the current Form 3A giving at least the minimum notice for each ground, and then a court order. Court proceedings must start within 12 months of serving the notice.

• Offence: knowingly or recklessly using a possession ground that cannot succeedIn force since 1 May 2026Fine up to £40,000

  If you rely on a possession ground knowing it would not succeed, or reckless as to that, and the tenant leaves within 4 months without a court order, you commit an offence.

• Give prior written notice before the tenancy for grounds that require itIn force since 1 May 2026Fine up to £7,000

  Some possession grounds can only be used if you told the tenant in writing before the tenancy began that you might rely on them.

• Grounds 1 and 1A (move in or sell): not in the first 12 months, 4 months' noticeIn force since 1 May 2026

  You can recover possession to live in the property (or house close family) or to sell it, but the date in the notice must be at least a year after the tenancy began and you must give 4 months' notice.

• Do not re-let or re-market for 12 months after using Ground 1 or 1AIn force since 1 May 2026Fine up to £40,000

  After serving notice (or claiming) on Ground 1 or 1A, you cannot let the property, license it for money, or advertise it to let until 12 months after the earliest court date in the notice.

• Ground 8 mandatory rent arrears: 3 months or 13 weeks at notice and at hearingIn force since 1 May 2026

  The mandatory rent arrears ground needs at least 3 months' rent (monthly) or 13 weeks' rent (weekly or fortnightly) owing both when the notice is served and at the hearing, with 4 weeks' notice.

• Anti-social behaviour: Grounds 7A and 14 allow immediate court proceedingsIn force since 1 May 2026

  For serious anti-social or criminal behaviour you can use mandatory Ground 7A or discretionary Ground 14 and apply to court as soon as the notice is served.

• Ground 4A: student HMOs need prior written notice and 4 months' notice ending 1 June to 30 SeptemberIn force since 1 May 2026

  If you let an HMO to full-time students and want it back for the next academic year, you must have told them in writing before signing and give 4 months' notice dated between 1 June and 30 September.