Unlawful Eviction

Almost all occupiers, with few exceptions, have rights not to be evicted without notice and/or a court order. Failure to follow the correct process, could result in a landlord facing prosecution and/or a substantial compensation claim for unlawful eviction.

The overwhelming majority of landlords are law abiding and want to do things properly but sometimes they can find themselves in a situation where, for example, a tenant appears to have abandoned the property but it is not fully clear that they have surrendered the tenancy either because they have not provided notice or, maybe, have left all their possessions at the property. Perhaps they have left a “friend” in occupation. These are the sort of situations where we can advise on whether, in law, the tenant has surrender the tenancy giving the landlord a defence to any claim or prosecution for unlawful eviction or whether a claim for possession in necessary.

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