Looking for guidance on fines and penalties for unlawful evictions under the Renters’ Rights Act?
Under new rules, the penalties linked to unlawful eviction will be tougher. But the changes aren’t just about “bigger fines”. They also introduce clearer enforcement routes for local authorities, and a more defined legal pathway for landlords to regain possession properly through the courts when there’s a genuine breach of tenancy terms.
On this page, we’ll break down what’s changing, so you know what to expect.
You’ll learn:
- What constitutes an unlawful eviction
- How the penalties and enforcement process are changing
- The correct legal routes for reclaiming possession via Section 8 grounds
Keep reading to protect your position and avoid the kinds of mistakes that can trigger serious sanctions.
5 Key Changes to Penalties for Unlawful Evictions under the Renters’ Rights Act
The major change is that civil financial penalties can be issued for unlawful eviction and harassment. Enforcement figures can reach up to £40,000 – though Government guidance lists £35,000 as the recommended civil penalty.
Unlawful eviction is treated as a serious offence, not a minor compliance breach. That matters because it brings the strongest enforcement tools into play. At the same time, the fines reinforce the need for landlords to use the proper Section 8 court process where there is a genuine tenancy breach.
On the next page, we’ve summarised the key changes landlords and agents need to understand under the new regime.
1. Introduction of Civil Financial Penalties
- Local housing authorities can issue civil penalties for unlawful eviction and harassment.
- Previously, these cases were typically pursued via criminal prosecution through the courts.
2. Higher Penalties under Civil Enforcement
- The Act allows civil penalties up to £40,000 for certain offences.
- Government civil penalty guidance lists £35,000 for “unlawful eviction and harassment”.
- For a wider overview of how the new civil penalty regime works, see: https://strikescs.com/landlord-fines-under-the-renters-rights-act-civil-penalties-rent-repayment/
3. Civil Penalties as an Alternative to Criminal Prosecution
- Local authorities can choose to impose a civil penalty instead of prosecuting in criminal court.
- This is designed to make enforcement more practical and faster in many cases, without relying on the criminal courts for every action.
- The Act states that a person may not be convicted of the relevant offence if a financial penalty has already been imposed for the same conduct.
4. Stronger Consequences for Repeat or Ongoing Non-Compliance
- The broader regime enables escalation where non-compliance is serious, repeated, or continuing.
- Authorities can still pursue prosecution where appropriate.
- In other words: the new system isn’t “one warning and done” if behaviour persists.
5. Clearer Routes to Possession via Revised Section 8 Grounds
- The Act reforms the Section 8 structure so landlords must rely on specific grounds where a tenant is at fault (e.g., serious arrears, antisocial behaviour, property damage).
- Notice periods and how quickly proceedings can be started vary by ground.
- In some cases, Section 8 Notice periods are immediate, or as little as 2-4 weeks.
- For full revised grounds list and notice periods see: https://strikescs.com/new-section-8-grounds-for-possession/
When can a Landlord evict? Section 8 Grounds vs Unlawful Eviction Risks
Under the new framework, unlawful eviction and harassment are treated as serious offences. There are now stronger civil penalties and a clearer route for local authorities to take enforcement action.
For landlords, it’s crucial to understand the practical distinction between what feels justified and what is legally permitted. In many situations, there is a clear Section 8 ground you can rely on – but the court process still needs to be followed. In other situations, there may be no lawful route to evict at all.
Below, we’ve included a table that sets out common tenant scenarios, whether there is a legal route to possession, and which Section 8 ground may apply.
What situations allow a Landlord to legally evict a Tenant via Section 8
| Situation | Legal route for eviction? | Explanation |
| Tenant is in serious rent arrears (e.g., 3+ months) | Yes | Ground 8 (Mandatory) – court must grant possession if the arrears threshold is met at notice and at the hearing. |
| Tenant is in any rent arrears (below the “serious” threshold) | Yes | Ground 10 (Discretionary) – court decides if it’s reasonable, even if arrears are proven. |
| Tenant pays late repeatedly/persistent arrears pattern | Yes | Ground 11 (Discretionary) – aimed at habitual late payment. |
| Tenant causes antisocial behaviour (nuisance/annoyance, illegal use, etc.) | Yes | Ground 14 (Discretionary) – proceedings may begin immediately (but you still need the legal process). |
| Tenant involved in severe ASB/criminal behaviour meeting the threshold (e.g., conviction/breach of order/closure order) | Yes | Ground 7A (Mandatory) – designed for the most serious cases; proceedings can begin without a notice period in qualifying scenarios. |
| Tenant damages the property/causes deterioration | Yes | Ground 13 (Discretionary) – covers deterioration of the condition of the property caused by the tenant. |
| Tenant breaches tenancy terms other than rent (e.g., unauthorised subletting, refusing access where required, prohibited pets, etc.) | Yes | Ground 12 (Discretionary) – broad “breach of tenancy” ground (non-rent). |
| Tenant damages/deteriorates landlord’s furniture | Yes | Ground 15 (Discretionary) – where the tenant has caused deterioration to furniture provided. |
| Tenancy was obtained via a false statement (knowingly or recklessly) | Yes | Ground 17 (Discretionary) – applies where the tenancy was granted based on that false statement. |
| Tenant has no right to rent (following Secretary of State notice) | Yes | Ground 7B (Mandatory) – applies where the required Home Office notification route is met. |
| A new applicant offers more rent/“cash on the side” if you remove the current tenant | No | There’s no legal ground to evict a tenant simply because someone else will pay more. Trying to force them out outside the legal process risks unlawful eviction consequences. |
| You want the tenant out because you plan to re-let at a higher rent | No | Wanting a higher-paying tenant is not a lawful eviction reason on its own. Possession must be based on a statutory ground and the proper process. |
| You want the tenant out due to a personality clash/you’ve “fallen out” (but no tenancy breach) | No | A breakdown in relations isn’t, by itself, a lawful eviction route – eviction must be tied to a ground and the correct process. |
4 Key ways to avoid Unlawful Eviction risk under the Renters’ Rights Act
Landlords and letting agents should now be tightening their processes to avoid actions that could be interpreted as unlawful eviction or harassment under the new enforcement regime.
Taking practical steps early makes it far easier to regain possession legally when a tenant is in breach, reduce complaints, and evidence your decision-making if the council investigates.
Key steps to take now include:
- Use the Section 8 route as your default plan for possession.
If a tenant is in arrears, causing ASB, damaging the property or breaching terms, build your response around the correct Section 8 ground and the evidence needed to support it.
- Plan for rent recovery and enforcement after possession, not during it.
If your concern is rent arrears or a tenant leaving debt behind, focus on the lawful process first. Then you can pursue the money through the correct debt recovery and enforcement route once you have the right order in place.
How Strikes Property Services Group can help you prepare
Strikes Property Services Group supports landlords, letting agents and property managers with the practical reality of tenancy disputes. As a property dispute resolution and enforcement-led agency, we help you take the lawful route and progress matters efficiently when a tenant won’t cooperate.
Our specialists can support you at every stage with issues such as:
- Regaining possession through the correct legal process.
Support with Section 8 Notices, evidence preparation, and the steps required to progress a possession claim through the courts.
- Court-based occupation disputes and abandonment risk.
Guidance where a tenant remains in occupation, access is being denied, or abandonment is suspected but unclear – so you avoid taking action that could be challenged later.
- High Court and enforcement options once you have the right order.
Where appropriate, we can support with enforcement pathways after judgment, including possession enforcement and residential debt enforcement options.
- Rent arrears and tenant debt recovery.
Pursuit of outstanding rent and other tenancy-related debt recovery – particularly after a tenant has left – including enforcement support once the correct order is in place, so recovery is handled legally and effectively.
- Serving notices and documenting actions properly.
Practical support to ensure notices and key communications are served correctly and recorded clearly, helping reduce disputes and strengthen your position if allegations arise.
- Squatter removals and unauthorised occupation.
Support with removing squatters where a property has been entered unlawfully, including the correct court route and enforcement-led eviction once the appropriate order is in place.
If you’re unsure where to start, now is the time to act. Book a free consultation with our Managing Director, Chris Bane, to discuss your situation and the steps needed to stay compliant and protected.
