I Am Being Threatened with Eviction
I Am Being Threatened with Eviction |
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This topic is for people whose landlord has told them they must leave rented property.
Other advice
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If you are served with a notice by your landlord it is not always the case that you will have to leave the property. The Council will help you by looking into the action that your landlord has taken, to see if it has been carried out correctly, and to see if there is a defence against it.
Even if Court Action has begun, and an Order for Possession granted, it could be possible to apply for a 'Notice of Application' to suspend your eviction.
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If you have made a claim for Housing Benefit which has been delayed, and the landlord has served notice because of arrears, click here:
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Obviously if you can no longer afford to live in the property, it would be sensible for you to find somewhere cheaper, but first you should check you are receiving all the benefits you are entitled to (which may enable you to pay up your arrears either straight away or in instalments). Click here:
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In some areas, Councils can provide loans to people who have a short term difficulty that has resulted in arrears of rent. If this applied to you, ask you Council about this.
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I have breached my tenancy conditions |
If you are prepared to comply with the tenancy conditions from now on, the Council may be able to speak to your landlord and negotiate on your behalf so that you can stay.
If you are not prepared to comply, and you lose your home as a result, the Council would consider you to be homeless 'intentionally' - and this would probably mean you would not be offered other housing.
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My landlord wishes to return to live in the property |
The Council may persuade the landlord to allow a reasonable period of time for you to find alternative housing - in this way they will not have the costs of taking you to Court, and you will not have the time pressures.
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Property needs substantial repair |
The Council's Environmental Health department have various powers to award grants in order to keep people in their home following work. You may have to move out for a short period whilst work is carried out.
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Your landlord must go through the proper processes if he wants you out of the property. It is against the law to harass a tenant so that they feel obliged to leave before a Court Order is given.
You can get advice on matters such as harassment and illegal eviction from your local authority's Tenancy Relations Officer or, if the local authority does not have one, its Housing Department or Environmental Health Department. Other sources of advice are from a Law Centre, Citizen's Advice Bureau, Housing Advice Centre or a solicitor.
If it is not possible to resolve disputes amicably, a tenant may have to go to court to enforce their rights. This is not necessarily as difficult or daunting a prospect as a tenant may imagine. The names of local solicitors who have experience in landlord and tenant law may be available from the Citizen's Advice Bureau or other independent advice agencies. They will also be able to advise whether a tenant is eligible for legal aid.
More information is contained in these leaflets:
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Click the image to read the leaflet called 'Losing your Home' (Community Legal Service):
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Click the image to read the leaflet called 'My landlord Wants Me Out' (Communities and Local Government department): |
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