Tenancy Law: What a Landlord Can and Can't Do
Last reviewed 11 August 2026
Quick takeIllegal eviction isn't just against the rules — it's a criminal offence, and since May 2026 councils can fine a landlord up to £40,000 for it without even needing a criminal conviction first.
Explanation
Illegal eviction and harassment — a crime, not just bad behaviour
Under the Protection from Eviction Act 1977, it's a criminal offence — carrying up to 2 years' imprisonment and an unlimited fine — for a landlord, or anyone acting for them, to unlawfully evict a tenant or harass them into leaving or giving up their rights. This covers things like changing the locks, cutting off gas, water or electricity, threats, or repeated or intimidating unauthorised entry intended to make you leave — regardless of how legitimate the landlord's underlying grievance might be (even genuine rent arrears don't make self-help eviction legal). Since the Renters' Rights Act 2025 took effect on 1 May 2026, local councils also have a new civil penalty power of up to £40,000 for this — meaning enforcement no longer has to wait for a full criminal prosecution.
Not everyone gets the same protection — excluded occupiers
The law distinguishes excluded occupiers — typically lodgers living with a resident landlord — from standard tenants. Excluded occupiers can generally be asked to leave with reasonable notice, without a court order. Most tenants are different: regardless of the circumstances, a landlord generally needs a proper court process to remove them. This matters directly for anyone renting a room from a live-in landlord, since the protections genuinely aren't identical to a standard tenancy.
Repairs — a duty your landlord can't contract out of
Section 11 of the Landlord and Tenant Act 1985 is an implied legal duty: your landlord must keep in repair the structure and exterior of the property, and maintain installations for gas, water, electricity, sanitation, and heating/hot water. This applies even if your tenancy agreement says nothing about repairs — or actively tries to shift that responsibility onto you. A clause attempting to do that is legally void. This duty normally doesn't apply to typical lodger or licence arrangements, consistent with the excluded occupier distinction above — though the exact facts of an individual arrangement can matter, so it's not always a clean-cut line.
The catch: your landlord needs to actually know about the problem
A landlord's repair obligation generally only starts once they've had notice of the defect — usually you reporting it. Report problems in writing where possible, and keep a record — this matters both for prompting action and as evidence if things don't get fixed.
Glossary
›Excluded occupier
Typically a lodger living with a resident landlord — can generally be asked to leave with reasonable notice and no court order, unlike a standard tenant.
›Section 11 repair duty
An implied legal duty (Landlord and Tenant Act 1985) requiring landlords to keep the structure, exterior, and key installations in repair — a clause trying to shift this onto the tenant is legally void.
›Civil penalty
Since 1 May 2026, a council fine of up to £40,000 for illegal eviction or harassment, issued without needing a criminal conviction first.
Why This Matters Now
- Had a landlord threaten to change the locks or cut off your utilities to get you to leave?
- Renting a room from a live-in landlord and unsure whether you have the same protections as a standard tenant?
- Reported a repair and nothing's happened, unsure what your landlord is actually obligated to fix?
- Assumed you have to accept whatever your tenancy agreement says about who pays for repairs?
UK Example
Femi, 19, rented a room in a house where the landlord also lived, making him an excluded occupier. When Femi fell behind on rent, the landlord gave him reasonable notice to leave and, once that notice period had passed, changed the locks while Femi was out. Uncomfortable as it felt, this was actually lawful — as an excluded occupier, Femi's landlord didn't need a court order, just reasonable notice. Femi's flatmate Priya, renting a self-contained flat from a landlord who didn't live there, was in a completely different position: as a standard tenant, her landlord would have needed a full court process to remove her, and simply changing her locks — even over unpaid rent — would have been a criminal offence. Same situation, same city, genuinely different legal protection, because their occupier status wasn't the same.
Practical Steps
- Know that for standard tenants, illegal eviction and harassment — changing locks, cutting off utilities, threats, repeated or intimidating unauthorised entry — is a criminal offence, regardless of the landlord's underlying reason; the position is different if you're an excluded occupier, so check which applies to you first.
- Check whether you're an "excluded occupier" (like a lodger with a resident landlord) or a standard tenant, since the protections and process genuinely differ.
- Report repair issues to your landlord in writing, since their legal obligation to fix most things generally starts once they've actually been told.
- Know that a landlord can't legally contract out of their Section 11 repair duties, even if your tenancy agreement claims otherwise.
- If you experience illegal eviction or harassment, report it — councils can now fine a landlord up to £40,000 through a faster civil route, without needing a criminal conviction first.
Quiz
1. Is illegal eviction a criminal offence in England, based on this module?
2. What new enforcement power did local councils gain from 1 May 2026, based on this module?
3. What's the key difference between an "excluded occupier" and a standard tenant, based on this module?
4. Can a landlord legally include a clause in a tenancy agreement shifting Section 11 repair duties onto the tenant?
5. Which of these does Section 11 of the Landlord and Tenant Act 1985 cover?
6. When does a landlord's repair obligation under Section 11 generally begin, based on this module?
7. In the example, why was it lawful for Femi's landlord to change the locks after giving reasonable notice, but it would have been illegal for Priya's landlord to do the same?
8. Does Section 11 of the Landlord and Tenant Act 1985 apply to lodger or licence agreements, based on this module?