Penalties for Illegal Eviction in Wales: What Renters Should Know

If you’re renting in Wales, it’s vital to know your rights if your landlord tries to force you out without following the legal eviction process. Illegal eviction is a serious offence, and the law in Wales offers strong protections for tenants. This article explains what counts as illegal eviction, the penalties landlords face, and how you can get help if you’ve been affected.

What is Illegal Eviction?

Illegal eviction occurs when a landlord or anyone acting on their behalf forces or tries to force a tenant to leave their home without following the proper legal process. In Wales, landlords must give correct notice and—if required—obtain a court order before evicting a tenant. Actions that can count as illegal eviction include:

• Changing the locks while you are out
• Physically removing you or your belongings
• Harassing you so you feel compelled to leave

Any attempt to remove a tenant without due process is unlawful under Welsh law.

Which Laws and Bodies Protect Renters in Wales?

Renters in Wales are primarily protected by the Renting Homes (Wales) Act 2016 and related legislation. Disputes or compensation claims often go through the County Court, and housing advice and enforcement are provided by local authorities and Rent Smart Wales.

Penalties for Illegal Eviction in Wales

Landlords found guilty of illegal eviction face civil and criminal penalties, including:

• Criminal prosecution: Illegal eviction is a criminal offence under the Protection from Eviction Act 1977. Conviction can result in:
• An unlimited fine
• Up to 2 years in prison
• Civil action for damages: You can claim compensation through the civil courts for unlawful eviction, including lost belongings or extra costs.
• Rent Smart Wales penalties: Landlords must be licensed and registered with Rent Smart Wales. Illegal eviction may result in hefty fines and loss of licence or registration.

In summary: landlords can lose the right to let properties, face substantial fines, have to pay compensation, or even receive a prison sentence.

What Should You Do if Facing Illegal Eviction?

If you believe your landlord is trying to evict you illegally, you should not move out or hand over your keys unless there is a valid court order. Here’s what you can do:

• Contact your local council’s housing advice team immediately
• Gather evidence (photos, texts, emails, witness statements)
• Speak to Shelter Cymru for free independent housing advice
• You may also contact the police if you are being locked out or threatened
• Consider making a claim for unlawful eviction in court

Relevant Official Forms for Renters

• Form N1: Claim Form (CPR Part 7) – Used to start a claim for compensation due to unlawful eviction in the County Court. For example, if you have been forced out without a court order, you can complete Form N1 and submit it with details and evidence of your case.
  Download Form N1 from GOV.UK
• Complaint to Local Authority – No specific form, but you can report illegal eviction to your local council’s housing department. Explain your situation, provide your tenancy agreement and any evidence, and request assistance. Councils can investigate and prosecute.
  Find your local council
• Police report – If you are threatened or locked out, you should call the police (non-emergency 101 or 999 in emergencies), as illegal eviction is a criminal offence.

Compensation and Getting Back In

If you have been unlawfully evicted, the court may order the landlord to let you return to your home. The court can also award you compensation, which may include your financial losses, inconvenience, or stress caused by the eviction.

Can You Stop an Illegal Eviction?

Yes. If you are facing harassment or threat of illegal eviction, act quickly. Local authorities can intervene, and courts can grant injunctions to prevent your landlord from continuing their actions. Legal aid may be available in urgent cases.

Summary

Illegal eviction is a criminal and civil offence in Wales, with serious penalties for landlords. If you are at risk, swift action and support are available.

FAQs: Illegal Eviction Penalties in Wales

1. Can my landlord evict me without notice in Wales?
   No. Your landlord must follow the legal process, provide written notice, and, if you don't leave, get a court order before evicting you.
2. What evidence do I need to report an illegal eviction?
   Keep copies of your tenancy agreement, photos or videos of the property (e.g. locks changed), written communication from your landlord, and names of any witnesses.
3. Where do I make a claim for illegal eviction?
   Claims for unlawful eviction are typically made in the County Court. The form to use is Form N1, and you should include details and supporting evidence.
4. Can I get back into my home after an illegal eviction?
   Yes, the court can order your landlord to let you back in and may award compensation for your losses or distress.
5. Are there organisations that can help me if I face illegal eviction?
   Yes. Shelter Cymru, your local council, and Rent Smart Wales all offer advice or enforcement powers to help renters in these situations.

Key Takeaways

• Illegal eviction is a serious offence under both Welsh and UK law.
• Landlords in Wales face criminal prosecution, fines, and compensation claims if they illegally evict tenants.
• Help is available from local councils, Shelter Cymru, and Rent Smart Wales. Act promptly to protect your rights.

Need Help? Resources for Renters

• Shelter Cymru – Free, expert housing advice for renters in Wales
• Rent Smart Wales – Landlord licensing and tenant protections
• Find Your Local Council – Housing enforcement and support
• County Court – Make a civil claim for illegal eviction
• Renting Homes (Wales) Act 2016 – Full details of tenant rights and eviction procedures

---

1. Renting Homes (Wales) Act 2016
2. Protection from Eviction Act 1977
3. Rent Smart Wales
4. County Court (UK)

Categories

Tenant Rights & Responsibilities Rent, Deposits & Increases Tenancy Types & Agreements Moving In & Out Procedures Repairs, Maintenance & Housing Standards Eviction Notices & Repossessions Shared Housing, HMOs & Lodgers Discrimination, Harassment & Accessibility Utilities, Bills & Council Tax Affordable Housing, Social Housing & Benefits Dispute Resolution & Housing Tribunals Health, Safety & Fire Regulations Privacy, Landlord Entry & Surveillance Unusual & Special Tenancy Situations Renters’ Insurance & Liability Homelessness Support & Post-Eviction Help Landlord Duties, Licensing & Penalties Housing Law, Legal Updates & Case Studies Mental Health, Disability & Vulnerable Renters’ Rights Rent Repayment Orders & Compensation