It’s important to be aware of concepts like retaliatory eviction and illegal eviction too. Image: Unsplash
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It can be difficult to know where to start on getting your affairs in order when you’re facing eviction. Whether you rent privately or live in council housing, it’s essential to understand the legal process and what support is available to help you.
Remember you have rights as a tenant – and there are steps you can take if you’re at risk of losing your housing.
Being evicted – what does it mean?
Being evicted means that your landlord is asking you to leave the property you’re renting. It doesn’t always happen because of something you’ve done wrong. Sometimes landlords want to reclaim their property for their own reasons, such as selling it or moving back in themselves. In other cases eviction can occur if there’s a dispute between you and the landlord over rent or how the property is being used. Regardless of the situation, being served with an eviction notice doesn’t automatically mean you’ll have to leave straight away. There’s a legal process that landlords must follow, and tenants have rights that can protect them from illegal eviction.
To find out why you’re being evicted, you need to know which type of notice your landlord has given you. Landlords can’t just kick you out without following the correct legal process, and the notice of eviction you’ve received should explain the reason why they want you to leave.
In England, for example, if you’ve received a section 8 eviction notice (or a section 159 in Wales), it’s usually because the landlord believes you’ve broken the terms of your tenancy agreement. Common reasons include rental arrears, damage to the property or antisocial behaviour. A section 21 notice, however, doesn’t require the landlord to give a reason for eviction – it’s often referred to as a no-fault eviction. This type of notice is typically used when landlords want to repossess the property at the end of the tenancy, even if you’ve been a model tenant.
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In Scotland, landlords have to provide a clear reason when they want to evict a tenant.
“Unfair evictions will continue unless action is taken to limit unreasonable rent hikes,” said Polly Neate, chief executive for Shelter, adding: “Renting cannot be truly secure while renters can still be slapped with a huge increase out of the blue and told to magic up the money or get out.
“Rent stabilisation is one way the government can help renters keep hold of their homes once section 21 is consigned to the dustbin of history. By limiting in-tenancy rent hikes to once a year, and keeping price rises in line with either inflation or wage growth, rent stabilisation could finally put an end to the big, unpredictable jumps in rent that force so many people out of their homes.”
Eviction process
The eviction process differs slightly depending on whether you rent from a private landlord, the council, or a housing association.
Being evicted by private landlord
If you’re renting from a private landlord in England, the eviction process will typically begin with either a section 8 or section 21 notice – or both, in some cases. For a section 8 eviction, your landlord will need to specify the exact reason for eviction and provide evidence for why they’re asking you to leave.
The notice period will vary depending on the grounds for eviction. For example, if you’re behind on rent, the landlord must give you at least two weeks’ notice. For a section 21 notice, the landlord must give you a minimum of two months’ notice. However, this notice usually can’t be used to evict you during the first four months of your tenancy.
In Scotland, landlords must provide a notice to leave with a clear reason for eviction under the Private Housing (Tenancies) (Scotland) Act. Tenants in Northern Ireland must be given at least four weeks’ notice before legal action can be taken. In all cases, if you don’t leave by the end of the notice period, your landlord will have to apply to the court to seek a possession order before you can be forced to leave.
Being evicted from a council or housing association property
The process works a little differently if you’re facing eviction from a council or housing association home. These types of landlords must also give you a valid notice to quit, but they often need a stronger reason to evict you compared to private landlords.
If you are evicted from a council or housing association property, you might be worried about where you’ll live next. It’s worth checking whether you’re eligible for rehousing by your local authority. It’s worth checking whether your local authority will rehouse you.
How to stop eviction from council house
If you’re being evicted from a council property, it’s not the end of the road – there are steps you can take to stop or delay the eviction. You should first speak to your landlord as soon as you receive a notice of eviction. If the reason for eviction is rent arrears, you might be able to negotiate a repayment plan to settle the debt. You can also seek help from your local Citizens Advice, Shelter or local housing charity, who could offer support to defend your case or help you resolve the issue with your landlord.
How long does an eviction take?
The length of the eviction process can vary depending on the situation and how quickly your case moves through the courts. In general, once a landlord has served you with a notice, you should have at least two weeks to two months before any legal proceedings can begin. Remember that in most cases, if you’re being evicted as a result of anti-social behaviour, your landlord can start court action as soon as you’re notified.
If the landlord applies for a possession order, it can take anything from a few weeks to several months for the court to hear the case and make a decision. If the court grants a possession order and you don’t leave voluntarily, your landlord will need to apply for bailiffs to remove you, which can draw out the process further.
Your tenant rights
Even if you’re facing eviction, you still have rights as a tenant. Your landlord must follow the correct legal steps and give you the appropriate notice. The eviction could be considered unlawful if they don’t. If your landlord tries to evict you without a court order or changes the locks without your consent, this would likely be considered an illegal eviction and you could take legal action against them.
It’s also important to be aware that retaliatory eviction is unfortunately something some tenants face. The term refers to when a landlord tries to evict you because you’ve complained about the condition of the property or asked for repairs to be made. Retaliatory eviction is illegal, and if you think this describes your situation it’s essential to get legal advice or contact local experts for support.
Support for those facing eviction
If you’re facing eviction, remember that you don’t have to deal with it alone – it’s normal to feel stressed and overwhelmed. There are plenty of organisations and charities in the UK that provide support to tenants who are at risk of losing their home. Housing charities like Shelter, Citizens Advice can help you understand your options, while the Housing Ombudsman takes complaints about social housing providers.
For those facing financial difficulties, some local councils offer discretionary housing payments to help cover rent shortfalls, and there’s likely other support available if you’re at risk of homelessness. The earlier you ask for help the more likely it is that you can find a resolution to avoid eviction, or at least delay the process to create more time to find alternative housing.
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