Illegal Eviction or Lockout

No single federal statute bans self-help eviction for private tenancies generally — eviction procedure is governed by state/local landlord-tenant law, which in nearly all states requires a court order before a tenant can be removed or locked out. A specific federal rule exists for HUD-assisted housing.

HUD assisted housing rule

For HUD-assisted housing, HUD prohibits lease clauses that would let an owner/PHA evict a tenant or seize/sell belongings without legal proceedings, or turn off utilities to force a tenant out; "an owner must not evict any tenant except by judicial action pursuant to state and local laws."

General private tenancies

Self-help eviction (lockouts, utility shutoffs, removing belongings without a court order) is illegal in the large majority of states under their own landlord-tenant statutes, but the specific penalty and procedure vary by state — check the tenant's specific state statute.

Source →

Protection from Eviction Act 1977, section 1

What is unlawful

It is a criminal offence to unlawfully deprive a residential occupier of occupation of the premises (or any part), or to attempt to, unless the person believed (with reasonable cause) that the occupier had ceased to reside there. It is also an offence for a landlord or their agent, with intent to cause the occupier to leave or stop exercising a right, to do acts likely to interfere with their peace or comfort, or to persistently withdraw/withhold services reasonably required for occupying the premises (e.g. cutting off utilities).

Penalties

On summary conviction: a fine and/or up to 6 months' imprisonment. On conviction on indictment: an unlimited fine and/or up to 2 years' imprisonment.

Who to contact

"Contact the police if physical violence or threats are involved or if someone is trying to remove you or your belongings from the property without either a court order or court appointed bailiff." For non-emergencies: "Talk to your local council if you think you're being harassed or threatened with illegal eviction." Also: a legal adviser, Citizens Advice, or Shelter's housing advice helpline.

Remedies

A tenant may be able to "be let back into your home", "claim compensation", or "apply for a rent repayment order"; local councils can take legal action if there's enough evidence of harassment or illegal eviction.

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