Eviction 

Landlords must follow a specific legal process in order to gain possession of their properties. Unless a tenant has chosen to leave during the notice period, it is not lawful for them to be evicted by anyone other than a court-appointed bailiff carrying out a court order.

Since 1st May 2026, landlords can no longer issue 'no fault' Section 21 notices to vacate the property. If a section 21 notice was served before the 1 May deadline, they can still be enforced. You can contact our Housing Advice Team to have the validity checked. Landlords with assured periodic tenants can only use a 'Section 8 Notice' in certain circumstances, which the landlord will have to prove. Forcing a tenant unlawfully from a property is a criminal offence which, if proven, will result in a Civil Penalty of up to £40,000 or a prosecution. Local Authorities have a duty to investigate and take formal enforcement where possible.

If you are not a tenant but a licensee or on a common-law tenancy, for example, in supported accommodation, accommodation provided by your employer/university or living with your landlord as a lodger, please contact Private Sector Housing or Housing Advice for tenure-specific advice, as the possession process may be different. We are aware of landlords/agents operating in our area who are issuing sham licence agreements. If you are unsure about your status as a tenant or licensee, the Shelter 'Tenancy status checker' may help.

To pursue formal action, we need good cooperation from the affected tenant; this may involve giving a witness statement, providing evidence we request and attending court to give evidence in support of the case. If a tenant does not wish to support court action, we may be unable to pursue a case against the Landlord or Agent involved. 

Harassment

The type of harassment that the Private Sector Housing Team can investigate is very specific. If your landlord or agent is engaging in a series of behaviours or actions that is designed to force you from the property, that may fall under our jurisdiction. It doesn't include harassment from a fellow tenant or neighbour; harassment that is not designed to force you out of the property should be reported to Warwickshire Police.

What can tenants do

• Keep a diary; start to document everything in writing, such as dates and times of landlord visits
• Keep communication in written form (emails/texts) and avoid phonecalls
• Gather documents - your tenancy agreement, proof of rental payments, emails and texts from your landlord/agent
• Home security cameras - consider doorbell cams and other in-home cameras to document any access attempts
• Change the lock - if you are considering this, you are advised to use a professional locksmith, as you could be liable for any damages to the door. You should not dispose of or damage the original lock, as this is the landlord's property.

If a landlord or Agent does not follow the legal process, excludes you from the property unlawfully or applies undue pressure to force you to vacate, contact Private Sector Housing on 01926 456359. 

If you are feeling overwhelmed and at risk of eviction, please contact the Housing Advice Team for emergency assistance. You can call the team on 01926 456129, email hadvicesupport@warwickdc.gov.uk or fill out a self-referral form on our website.

Tenants who have been forced from their property via harassment or illegal eviction can apply for a refund of up to 2 years' rent through an application to the First Tier Property Tribunal. Shelter has helpful information on the process and links to the application forms.