Your Landlord Has Changed the Locks
Changing the locks to prevent you entering your home is an illegal eviction — a criminal offence. You have the right to be reinstated, and you can also claim civil damages.
Quick Answer
Locking a tenant out without a court order is an illegal eviction under the Protection from Eviction Act 1977, s.1. It is a criminal offence and also gives rise to a civil claim for damages. You should contact the police and your local authority's tenancy relations officer immediately. An emergency injunction can be obtained — with Shelter's help or via a solicitor — to get you back into the property usually within 24–48 hours.
Full Explanation
The Protection from Eviction Act 1977, s.1 makes it a criminal offence for a landlord to unlawfully deprive a residential occupier of their occupation of all or any part of the premises without first obtaining a court order for possession. Changing the locks is the most common form of this offence. The landlord can be prosecuted and faces an unlimited fine or up to two years' imprisonment.
In parallel, you have a civil claim for damages under the Housing Act 1988, s.27. These are not nominal damages — the measure is the difference in the open market value of the landlord's interest in the property with and without your occupation, which can be very significant if the rental market is strong. You can pursue this even after you have been reinstated.
The most immediate step is to call the police. Police forces vary in their willingness to treat illegal eviction as the criminal matter it is, but a call to 101 (or 999 if you are locked out in dangerous or vulnerable circumstances) puts the matter on record. You should also contact your local authority's tenancy relations officer (TRO) — most London boroughs and many other councils have one. The TRO has powers to investigate illegal eviction and can sometimes resolve matters without court proceedings.
For emergency reinstatement you will need an injunction. Shelter's emergency legal helpline (0808 800 4444) and many housing law solicitors can obtain emergency injunctions extremely quickly — sometimes within hours. You will need to show you are a residential occupier (a tenancy agreement, recent rent receipts, or evidence of living there), that you have been locked out, and that the landlord has changed the locks. Courts treat illegal eviction very seriously and orders for reinstatement are routinely granted on the day of application.
Do not attempt to re-enter the property by force. The Criminal Law Act 1977, s.6 makes it an offence to use or threaten violence to gain entry to premises — this applies equally to landlords and tenants. The correct route is a court order, not self-help.
Legal Basis
- §Protection from Eviction Act 1977, s.1 (illegal eviction — criminal offence)
- §Housing Act 1988, ss.27–28 (civil damages for unlawful eviction)
- §Criminal Law Act 1977, s.6 (prohibition on violent entry)
- §Protection from Eviction Act 1977, s.3 (court order required for eviction)
What To Do
Call the Police Immediately
Call 101 to report the illegal eviction. Explain that you have been locked out by your landlord without a court order. If you have children or are in a vulnerable situation, call 999. Ask the call handler to log it as an illegal eviction under the Protection from Eviction Act 1977. Obtain an incident reference number.
Photograph and Preserve Evidence
Photograph the changed lock from outside. Keep any messages from the landlord about the lock change. Preserve your tenancy agreement, recent rent receipts, bank statements showing rent payments, and any other evidence that you live at the property.
Contact Your Local Authority's Tenancy Relations Officer
Call your local council's housing department and ask for the tenancy relations officer (TRO). The TRO can take action against landlords and may be able to intervene quickly. Many councils provide an out-of-hours emergency line.
Contact Shelter for an Emergency Injunction
Call Shelter's emergency housing advice line (0808 800 4444, free) or contact a housing law solicitor. An emergency injunction can restore your access to the property, usually within 24–48 hours. You may be eligible for emergency legal aid for this application.
Consider a Civil Damages Claim
Once you are reinstated, consider a civil claim for damages under Housing Act 1988, s.27. These can be substantial. A housing law solicitor can advise on the likely award. Legal aid may be available.
Important Deadlines
Important Warnings
Do not attempt to break back into the property yourself — even though the landlord has acted unlawfully, using force to re-enter is itself a criminal offence under the Criminal Law Act 1977, s.6.
If the landlord is also your employer or you live in tied accommodation, the position is more complex — seek specialist advice immediately.
An illegal eviction may also constitute a breach of the covenant of quiet enjoyment implied into all tenancies — this can support additional civil claims.