Unlawful Eviction and Tenant Re-Entry Success Case
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William Ford
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Wrongful eviction from HMO: Court orders re-entry for tenant
This case involved an application for re-entry after an eviction had been carried out at our client’s home, in contravention of section 18 of the Housing Act 1988.
The background
Our client had been residing in a House in Multiple Occupation (“HMO”) since 2021. Her tenancy was for one of seven bedrooms in the HMO and the landlord was an estate agent.
The owner of the property was a holding company which rented out the property to the estate agent on a rent-to-rent basis. This meant that the estate agent could let the property out to tenants, with the holding company being the superior landlord. In the subsequent Court proceedings the holding company was the Claimant and the estate agent was the Defendant, and we shall refer to them as such in this article.
In April 2025, the Claimant served a Notice to Quit on the Defendant at our client’s address. This came to the attention of our client, who was understandably concerned about the implications for her. She subsequently received a letter from the Defendant advising that the property would need to be returned by 31 May 2025.
Our client and her housemates had previously been served with a s21 (‘no fault’) notice seeking possession in July 2024. However, our client sought advice from her local Council who advised that the notice was invalid as the Claimant and Defendant did not have a valid HMO licence. No further steps were taken in respect of that notice.
When our client sought further advice from the Council regarding the Notice to Quit in April 2025, they again advised her that this would not affect her. The Council further advised that it intended to make an Interim Management Order under the Housing Act 2004, due to the fact that the Claimant and Defendant did not have a valid HMO licence. This would mean that the Council would take over management of our client’s tenancy.
Following advice obtained from the Citizens Advice Bureau and the Council, our client did not move out of the property. However, on 25 February 2026, our client was served with an eviction warrant by a High Court bailiff. The warrant was addressed to the Defendant and “any other occupiers” and advised that an eviction would take place on 12 March 2026.
Our client received conflicting advice from the Council and was led to believe that she would not be evicted on 12 March 2026. However, on 12 March 2026 a bailiff attended our client’s home and changed the locks. Our client was forced to leave and was street homeless for several days until she was able to secure a room at a night shelter.
The case was then referred to Osbornes.
Court challenge
Osbornes made an urgent application for re-entry to the property on the basis that the possession order, made against the Defendant, could not serve to terminate our client’s assured shorthold tenancy. This is because s18 of the Housing Act 1988 provides that where a superior landlord terminates its agreement with an intermediate landlord, the superior landlord steps into the shoes of the tenants’ landlord. In other words, the Claimant had become our client’s landlord in place of the Defendant. An application was also made to set aside the possession order.
At a hearing the County Court ordered that our client should be allowed to re-enter her home forthwith. It was also ordered that a further hearing should be listed to deal with our client’s application to set aside the underlying possession order on the basis of which the eviction warrant was granted.
Fortunately, before a further hearing was listed, the Claimant agreed to allow our client and the other tenants to remain at the property.
How can we help?
This case highlights the importance of section 18 of the Housing Act 1988 in protecting the rights of sub-tenants, and the importance of seeking legal advice in relation to complex eviction matters. Osbornes Law’s Housing and Social Care team is experienced in handling urgent possession disputes, unlawful evictions, and re-entry applications, providing swift and effective advice to protect clients’ homes and security of tenure.
If you need help, please contact us by:
- completing our online enquiry form;
- or calling us on 020 7485 8811
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