Eviction – a guide for tenants
POSTED 19/10/17
A tenant’s guide to dealing with eviction
There are very clear rules and procedures your landlord must follow if they wish for you to leave a property. If these rules are not followed your landlord may be guilty of a criminal offence. The courts take eviction very seriously, as they understand the impact losing your home can have.
The following guide applies to those renting their property under a fixed-term assured shorthold tenancy (where the tenancy runs for a set amount of time, usually six or twelve months). Processes differ for other arrangements, such as lodgers. We advise you to speak to a solicitor to understand your rights according to your particular circumstances.
Your landlord has asked you to leave the property during the fixed term
Your landlord cannot ask you to vacate before the end of the fixed term unless they can prove a legal reason to do so, for example you’ve not paid rent or have used the property for illegal purposes such as selling drugs. Whatever the circumstances we strongly advise you seek advice as soon as possible.
Your landlord has told you to leave immediately, or with very short notice
Landlords are required to give notice of between two weeks and two months, depending on the reasons they are relying on. If your fixed term has passed, the standard way a landlord can ask you to leave is through a section 21 notice. This gives you two months notice to leave.
The other notice a landlord can serve is a section 8. This is used when the tenant has broken the terms of the tenancy within the fixed term, for example by using the property for illegal purposes.
The landlord must satisfy a number of criteria before any notice to leave is valid. If you’ve received a notice we advise you to seek advice as soon as possible to ensure the notice is legally valid and to discuss your options.
You’ve been served notice but dispute that your landlord is entitled to possession
If you want to challenge your landlord’s application for possession, you will need to file a defence, stating your reasoning. It may be that you dispute the level of arrears claimed, or that the landlord hasn’t complied with the strict requirements for serving notice (for example your deposit hasn’t been protected in an approved scheme, or you haven’t been provided with an EPC certificate), in which case there will be a court hearing.
At a hearing the court will either grant an outright possession order, which will allow the landlord to instruct a bailiff, the possession order might be suspended or postponed or a judgement made against you for money owned (in the case of rent arrears). The court could also decide to adjourn or dismiss the case depending on the details of the case.
It’s important to prepare thoroughly for this hearing as you will have an opportunity to put forward your side, give details of your circumstances and the impact of an order. At Setfords we have a wealth of experience acting for tenants in eviction matters and can advise you at every stage.
The court has granted a possession order, what happens next?
If you haven’t left by the date on the possession order and your landlord still wants to evict you, they must apply for a warrant of possession. This is authority granted by the court for the bailiffs to evict you.
The warrant will give a date and time for the eviction. You will also get a notice of eviction from the bailiffs with the date and time of the eviction. If you haven’t left by the date on the notice of eviction, the bailiffs will come to your home and force you to leave. It’s against the law for your landlord to try to evict you without a warrant of possession.
Know your rights and seek advice
Landlord and tenant law can be complicated, and each case is different. While the law is designed to protect tenants from unscrupulous landlords, many tenants are unaware of their rights and feel pressured into making decisions that they do not need to, and aren’t in their best interests. If you have been served with notice to leave for any reason, or your landlord is behaving in any way that makes you feel threatened or harassed, seek advice as soon as you can.
Please note that these guides are for informational purposes only, and do not constitute legal advice. You can contact one of our expert consultant lawyers using the form below.
Saida Bello
CONSULTANT SOLICITOR
“We understand that the prospect of eviction can feel overwhelming, and the stress of upheaval can take its toll. The most important thing is not to panic. As a tenant, the law can protect you from pressure and harassment from your landlord and gives you time to consider your options. A good solicitor will ensure your rights are being exercised, help alleviate anxiety and make sure you are treated fairly.”