I want to throw a tennant out and want to know if it is a civil or criminal matter if?

i go round when they are not in and throw their stuff on the street and change the locks.
they have not paid their rent now for 4 months and we are in serious debt.
we have gone through section 21 notice and they are still there and are now sending abusive texts.

damn the expense if it is civil case - they will win as they do not work and therefore will have everything paid for them (legal aid) but i really want to know if it is criminal thing - if it is not then i will do it - if it is then i won't.

help needed please!!!!!!!!!!!!

plus - what would the likely consequences be??
Additional Details
thanks to all answerers - those from the Us thanks to but it is in the UK.

just done some research on Google and under the 1977 UK housing act it is classed as a criminal matter - and yes to all - i am saving all the texts!!

thanks for your help though.

It was only a civil matter under something we'd call a 'Landlord & Tenants Act' -- check with your local state/provincial government -- until they started sending 'abusive text', which could fall under 'uttering threats' and is a criminal matter.

SAVE those texts and report them to the police.

If you throw their stuff out in the street, that is a crime.

You need to go to civil court to evict them. It is not expensive and it is not difficult, but you have to do it legally. The laws vary in every area. Normally you get your court documents and then have the sherriff evict them for you. Don't do it yourself.

If they file for bankruptcy protection, you will have to go through a Bankruptcy Attorney to get them out.

Of course it would be a criminal act. This is a civil case just now, but if you do this you would make it a criminal one. You would be entering the property illegally, and could get into quite a lot of trouble, for that and for damage to property. You will have to go through the proper channels (solicitor) to either get the rent from them or get them kicked out of the property, you can't just go charging in there and start throwing stuff out. You can, however, contact the police about the abusive texts, and speak to the Citizens Advice Bureau for free advice on how to go about getting this sorted out.

Under most tenant law that I know of, it is illegal to throw a tenant out, or to even change the locks or throw their things out, or interfere with their utilities, etc. You must have the court issue the order for them to be removed by the sheriff and then go after them civilly for the money owed in rents and expenses. I'm not sure why you think they will win because they do not work, there is no provision that you must carry them because they don't have income.

hi please take a look here as if you did just throw out your tennants u would be breaking the law
eviction is a civil matter your action would be criminal
consequences could range from a large fine and also having your landlords licence revoked
Content applies to England

The majority of private rented tenants are assured shorthold tenants. They can only be evicted in certain circumstances and landlords must follow certain rules and procedures.

If you need to speak to an adviser, contact a housing aid centre, citizens advice bureau, or other local advice centre. Use our directory to find one.

What are my rights?
What notice am I entitled to?
What grounds can the landlord use?
When can the landlord apply for a court order?
What happens after the court order?
Could the eviction be illegal?
What are my rights?
The law provides most private tenants with rights. These depend on the type of tenancy you have.

If your tenancy is for a fixed period of time such as six months (a 'fixed term' tenancy) you can only be evicted during the fixed term if your landlord has a legal reason (or 'ground') to do so.

If your tenancy is for an indefinite period of time (a 'periodic' or rolling tenancy) your landlord can evict you by:

using one or more of the grounds that can be used during the fixed term, or
giving you two months' notice at any time - if they do this they do not need to prove a reason
Your landlord must give you the correct written notice then get a possession order from the court before you will have to leave.

If you are an assured shorthold tenant and your landlord has followed the correct procedure there is no way you can avoid having to leave. If your landlord has to take you to court to force you to leave you will probably have to pay the landlord's court costs. Most tenants leave before the notice ends if they are able to.

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What notice am I entitled to?
Your landlord has to give you a written notice that complies with particular legal requirements depending on whether you are a periodic or a fixed term tenant.

Fixed term tenants
If you have a fixed term tenancy your landlord has to have a reason (or 'ground') to evict you before the fixed term ends (see below).

Once there is a reason to evict you the landlord must provide a written notice. This must state the 'ground' your landlord is using. The notice has to be for a set length of time and must let you know that after that time ends your landlord can apply to the court for a possession order. The length of time on the notice depends on the reason your landlord is evicting you. It can be either 14 days or two months, depending on the reason your landlord is using.

Periodic tenants
Once a fixed term tenancy comes to an end it will automatically become a periodic tenancy if your landlord doesn't ask you to sign a new fixed term agreement.

If you have a periodic tenancy your landlord does not necessarily need a reason to evict you. S/he may be able to a special procedure for ending an assured shorthold tenancy - it allows landlords to end an assured shorthold tenancy without a reason. The rules on how much notice you are entitled to will depend on whether this is the case:

If your landlord is using a ground (such as rent arrears), the length of time on the notice depends on which ground your landlord is using. It can be either 14 days or two months, depending on the reason.
If your landlord uses the assured shorthold procedure the notice must:
be in writing
be at least two months long (or the amount of time between rent payments, whichever is longer)
end on the last day of a rental period
state that it is by virtue of Section 21 of the Housing Act 1988.
Your landlord can give you a notice like this at any time before the end of the fixed term but it cannot expire until the end of the fixed term. If the notice is served before the end of a fixed term, the period of the notice only has to be two calendar months, and doesn't have to end on the last day of a rental period).

How long the notice is valid for
If the landlord is using a ground, the notices remain valid for one year. This means that your landlord can start court action to evict you at any time until exactly 12 months after the date the notice expires. If court action is not started within this time the landlord has to serve a new notice.

If the landlord is using the assured shorthold procedure, the notice will be valid indefinitely. The only exception would be if your landlord does something to suggest that a new tenancy has been started - you might be able to argue that this is the case if s/he has given you a new tenancy agreement, or increased the rent.

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What grounds can the landlord use?
Remember: Landlords of assured shorthold tenants don't always need to prove grounds for eviction. This will be the case if the tenancy is periodic, or the notice ends at the end of the fixed term.

If a ground is needed, the most common grounds are because:

you have rent arrears
you are constantly or regularly late with the rent
you have broken the terms of your tenancy for example by subletting when you are not allowed to
you have allowed the condition of the property or furniture provided to get worse
you have caused nuisance or annoyance
you landlord's mortgage lender is repossessing the property.
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When can the landlord apply for a court order?
Once your landlord has served a correct notice and this has ended they can apply to the county court for a possession order.

Periodic tenants
If your landlord is evicting you without having to prove a ground (as is the case for most assured shorthold tenants) the court has no choice but to make a possession order. The possession order gives the date you have to give up your accommodation. The date is normally within 14 days of the court making the order.

If your landlord has not given you correct notice or if you think you are not an assured shorthold tenant you may be able to stop a possession order being made. You should contact an adviser if you are in this situation.

You may be able to ask the court for more time before the possession order takes effect. This can only be done for up to six weeks and only if you are suffering great hardship.

Fixed term tenants
If you are being evicted within the fixed term your landlord will have to provide evidence to the court of the reason you are being evicted. Depending on the reason your landlord is using the court will either:

have to make a possession order
have to decide whether it is reasonable to make a possession order
If you have over eight weeks rent arrears or if the property is being repossessed by your landlord's mortgage lender it is likely that the court will have no choice but make a possession order. In other cases the court will probably only make a possession order if it is reasonable to do so. In deciding whether it is reasonable for a possession order to be made the court can take your circumstances (such as your health and income) into account.

If you are being evicted after the fixed term ends the situation is the same as for periodic tenants.

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What happens after the court order?
If you still have not left the property after a court order takes effect your landlord can ask the bailiffs to evict you.

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Could the eviction be illegal?
If your landlord tries to evict you without getting a court order they are breaking the law. There might be action you can take to stop your landlord from doing this. The council or an advice agency might be able to help.

Don't do it. If you throw their crap out you can be sued for the replacement cost. Here is a web site with some pretty good info. If they are sending abusive texts, call the police. You shouldn't have to deal with that.

http://www.landlordadvice.co.uk/html/section_21.html

PLEASE READ THIS BEFORE YOU READ ANYTHING ELSE:

Studying law currently.

You have two things to consider here. One is the eviction itself - i.e. is it legal? The second is regarding their property.

I am not a lawyer (yet!) and this is not prescription! You may not place any reliance on this information! Use it so you are informed when you see a solicitor, which you should. You should behave in a legal manner and enquire what that manner is off a professional if in any doubt.

I'll answer the second first: It is theft to appropriate property belonging to another. By taking their property and disposing of it in the street you are assuming the rights of the owner. It would be burglary to do so, where you have leased them a room/flat/house etc and entered it in order to take the property as you will have gone beyond your legal right to enter (i.e. to effect repairs etc. - may be defined by your contract possibly). If the objects subsequently get damaged, then you have committed the offence of criminal damage. There may also be civil action they could take to get reimbursed/damages.

As to throwing a tenant out, it will be a civil law matter as long as you don't breach any statutory provisions, in which case it may become criminal. It depends if you have followed all the relevant legal procedures.

YOUR REMEDIES:
Your remedy for non-payment of rent is to sue them for the arrears, subject to the restrictions in the LT(C)A 1995; you need to give them notice that the charge is due and specifiy the exact amount.

The common law selp-help remedy of distress entitles you to enter the premises as soon as the rent is due and unpaid and take possession of goods to the value of what is owed (but NOT tools of trade, clothing, bedding and things in actual use at the time). If the tenant does not pay within 5 days you can sell the goods. However, the Law Commission recommends that distress be abolished. A certificated bailiff must be used or you yourself may effect this remedy. You cannot 'send round the heavies.' This is perfectly legal. I.E. tonight, you could take a tv that was switched off, an ipod etc to the value. They would then have five days to pay or it would be sold, as above. This doesn't evict them, but might get your arrears. It might antagonise them as you can well imagine.

You can bring the lease to a premature end by forfeiture if there was such a term in the contract (a well drawn up lease should have such a term) but you need a court order to do so and the rent, service charges etc. need to be above Â£500. You need to make a formal demand for the exact amount due unless the lease expressly waives this requirement. Hopefully it will say something like 'whether demanded or not' in your forfeiture clause. You still need the court order.

Otherwise, you need to give them notice. For a years tenancy you must give at least half a years notice unless there is agreement to the contrary. The Protection From Eviction Act 1977 as amended by the Housing Act 1988 requires you give a minimum of 4 weeks notice in writing, informing the tenant of his rights. It is a criminal offence to unlawfully evict a residential occupier. It is also statutory tort which will entitle them to damages.

The consequences of you unlawfully evicting will be a fine, a court order to re-establish the lease and so on if they press a charge. Not sure if it is imprisonable - could be. The sentence/fine would be judged on the facts I guess. As for the property theft/damage - depends if they know their law and if it gets damaged. Burglary - up to 14 years.

If I was them and had nowhere to go or property damaged, I might be inclined to f*** you over by the law. If I had somewhere to go nearby, my stuff wasn't strewn everywhere I would probably just leave it.

Look to 'distress' as above, or forfeiture and look at your contract with a professional. If you do decide to throw their stuff out and change the locks, if it was me and my landlord had kept my stuff safe somewhere and fetched it for me, I wouldn;t bother pursuing it. If I got back late at like, 2am and my kit was everywhere the police would be called.

Good luck.

I think it's more a civil matter. It's your property so you should be entitled to evict them. It may be as well to check with citizens advice though. Effectively they are stealing by not paying rent and squatting in your house. I think after a certain length of time they have rights over the house. I'd be tempted to just kick em out and change the locks and risk a fine. The law in the UK is reluctant to put people away and the penalty is likely to be very mild

The sending abusive texts can be considered harassment and threatening which is a crime that you can report to the police

you cannot remove your (tenants) without a court order, if they still refuse to go you have to have a bailiff do it for you , if you ate mp to physically remove them its you who will end up in court.

Above all else, you should send a registered letter with requested receipt, notifying them that they have 10 days from the date of the letter to evacuate the apartment.
Even if they do not accept it, it becomes legal.

Include all the dates, times, notices and phone calls that you have made.
Keep a copy for yourself.
If returned to you, do not open, just hold it.

If they refuse the letter or accept it, then call the Sherriff for eviction, after the 10 days.

If this is the Section 21, you referred to, then that is done.

Call the Sherriff.

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