Eviction can be stressful, especially if you’ve never been in that situation and don’t know what to do.
It’s therefore crucial that you understand your legal rights and responsibilities and are confident in your next steps.
One of the main questions posed by tenants facing eviction is whether their local council will rehome them after they’ve been evicted.
However, while local authorities have a duty of care to ensure their tenants don’t end up homeless, each situation is unique.
What is an eviction?
Before exploring the eviction process in more detail, it’s important you know exactly what an eviction is and what it entails.
Put simply, an eviction is when your landlord applies to the court to remove you from the rental property you currently live in.
The eviction process can be initiated for several reasons but in most cases, it happens when tenants fall behind on their rent payments or breach their tenancy agreement.
Because it’s a legal process, there are certain rules landlords must follow when evicting a tenant from a property.
For example, your landlord must give you notice before evicting you, which differs between two weeks and two months depending on the reason behind the eviction.
This is to give you plenty of time to plan what your next steps will be.
“No fuss, just simple, honest advice. Communication is good and they make the process as easy as they can.”
Why have I been evicted?
The eviction process is rarely straightforward and there are various reasons why you might have been evicted.
We’ve outlined the most common reasons below:
You owe your landlord rent
The most common reason for being evicted is falling behind on your rent payments and not making up for the money owed within a certain period.
In most cases, this will result in a default (when your account is closed due to continuous non-payment) and your landlord will initiate eviction proceedings against you.
However, there are strict rules surrounding the eviction process in the UK and most courts won’t serve a warrant of eviction unless you’re in rent arrears for at least two months.
You’ve breached your tenancy agreement
Another common reason for being evicted is violating the terms of the contract you signed at the beginning of your tenancy.
This might happen if you engage in anti-social behaviour, cause substantial damage to the interior or exterior of the property, allow an unauthorised person or animal to live in the property, or use your home for illegal activities.
The type of activity that constitutes a breach of tenancy agreement differs between landlords – your tenancy agreement will outline the terms and conditions you should stick to.
Your landlord wants to move back in
In certain situations, your landlords can evict you if they used to live there and have decided to move back in.
However, this must be clearly outlined in the original tenancy agreement and they must give you proper notice in writing to give you enough time to find somewhere else to live.
What are the different types of eviction notice?
The eviction process differs depending on the type of eviction notice served.
We’ve outlined the two main types of eviction notice in more detail below:
Section 21
If you’ve received a section 21 eviction notice, it means your landlord has officially started the eviction process.
However, you won’t need to leave the property immediately and your options will be clearly outlined.
It’s important to note that your landlord does not need a reason to serve you with a section 21 eviction notice.
They might serve you with a section 21 if they simply want to move back into the property, for example. They can also only be issued for short-hold tenancies.
The first thing you must do when you receive a section 21 eviction notice is check it’s valid.
If it’s invalid, you’ll be able to challenge your landlord’s decision and will be able to continue living in your home.
Generally, a section 21 will be invalid if your deposit hasn’t been protected, it contains an error or mistake, you have a fixed-term tenancy, or you haven’t been given enough notice (you must be given at least two months to find somewhere else to live).
If your eviction notice is valid and you don’t leave by your eviction date, your landlord can apply to the court for a possession order and a warrant for eviction, which means they can hire bailiffs to evict you.
Section 8
If you’ve received a section 8 eviction notice, it means your landlord wants to evict you for breaching the terms of your tenancy agreement.
They must clearly outline their reason for serving you with a section 8 eviction notice, whether it’s due to rent arrears or property damage.
In most cases, you must be given at least 14 days’ notice before you need to leave the property. The deadline for which you need to leave will be clearly listed on your eviction notice.
Like any type of eviction notice, your landlord must give you a valid reason before asking you to leave.
The court must then agree with your landlord’s reason before they decide whether or not to issue the eviction notice.
The main difference between a section 21 and a section 8 eviction notice is that a section 21 (also called a no-fault notice) can be issued for any reason while a section 8 can only be issued if you’re in breach of your tenancy agreement.
How much debt do you have?
Will the council rehouse me if I get evicted?
The Housing Act (1996) and the Homelessness Reduction Act (2017) both state that local authorities have a responsibility to help everyone find suitable housing, but whether or not the council rehouses you when you get evicted depends on your personal circumstances.
Usually, the council will review your circumstances before deciding whether to help you.
However, if your situation is serious, it’s not recommended to leave the property before the eviction date as this may lead to you being classed as ‘intentionally homeless’ and you won’t be eligible for the same level of support.
Generally, the highest priority is given to young people, pregnant women, women with children, people fleeing domestic violence, people with serious illnesses or disabilities, and people living in unsafe or overcrowded conditions. People who don’t fall into these categories might be placed in a hostel or bed and breakfast until long-term accommodation is found.
The council might also offer you a housing association property (also known as social or council housing), but waiting lists can be long.
They will base your eligibility on local connections and whether you’re in a priority group.
Depending on your situation, you could be added to the waiting list for a council house in different local authority.
What are my rights during an eviction?
During the eviction process, you have several rights. We’ve outlined the main rights you should familiarise yourself with below:
Written notice
Before evicting you, your landlord must serve you with written notice. The amount of notice required depends on how long you’ve rented the property and the type of eviction notice served (section 21 or section 8).
Court order
The only way your landlord can get you to leave your property is by going through the court. It’s illegal for your landlord to try to get you to leave without taking this step.
If they do, you’re within your right to challenge the eviction notice.
Payment plan
Even after you’ve received an eviction notice, you might be able to work out a payment plan with your landlord to avoid going to court and having to leave the property.
It’s important to try and arrange a payment plan as soon as possible – ideally within a few days of receiving an eviction notice.
Help and advice
During the eviction process, you might be entitled to help and advice from your local council or social services.
Regardless of your situation, don’t hesitate to seek civil legal advice if you need it.
Can I suspend a warrant of eviction?
In some circumstances, you might be able to ask the court to suspend or set aside the warrant of conviction. If the court agrees, the eviction will be stopped and you won’t have to leave the property.
There is no deadline for applying to suspend a warrant of eviction, but it’s advised to do it at least three days before the eviction date. It might still be possible to wait until the eviction date, but this is risky.
However, you’ll need to give the court a good reason why the warrant should be evicted – it’s not enough to say you’ll be made homeless.
There will also be a fee required, but you might qualify for financial help if you’re on a low income or benefits.
If you want to suspend a warrant of eviction, look for evidence that challenges your landlord’s reason for evicting you.
For example, if you’re being accused of anti-social behaviour, you can provide character references from neighbours that prove that you weren’t responsible or someone else was.
Alternatively, you can prove you’ve fulfilled your other duties as a tenant (e.g. by paying rent on time) and therefore don’t deserve to be evicted.
What happens if I don’t leave after I’ve been evicted?
If you don’t leave the property by the date stated on your eviction notice, might need to attend a court hearing and bailiffs (enforcement officers) could be sent to your home to remove you.
If it escalates to this stage, you’ll also be responsible for your landlord’s court costs.
Before bailiffs can evict you, they must give you sufficient notice. This is to ensure you have plenty of time to get your belongings in order and find a new place to live.
Even if you can only find short-term accommodation with a friend or family member, it’s important you have a basic plan in place.
They might give you a short while to pack the essentials but in most cases, you’ll be asked to vacate and hand over the keys to the property immediately.
Therefore, if you’re expecting bailiffs, it’s crucial you’re prepared.
Some landlords will be happy to hold your belongings and let you return for them at a later date, but they might charge you for storage costs.
Remember, if you’ve been evicted and are worried about your next steps, there is help available.
Don’t hesitate to reach out for expert support and advice from a financial advisor, charity or local council.
Debt help tailored to you
From writing off a large portion of your debt, to readjusting your budget, we’ll find a solution that suits you.
Where can I get more help after being evicted?
If you’ve been evicted and don’t know what your next steps should be, it’s important to seek free help and advice as soon as possible. Whether you’re looking for emergency housing or want to be put in touch with a housing officer, time is of the essence when it comes to the eviction process.
Firstly, your local council has a responsibility to ensure everyone has access to suitable housing and might be able to discuss your options with you so you know what you should do next.
They will be able to answer any queries you have about homelessness, emergency housing, or long-term housing.
Some financial charities might also be able to offer grants and funds to help you afford the legal fees associated with the eviction process.
Remember, an eviction is only valid if your landlord follows the correct procedure. This involves serving you with a valid eviction notice and going through the correct court channels.
If your landlord doesn’t follow the proper steps, you might be able to challenge the eviction and stay in your home.
Conclusion
Finding out you’re being evicted can be worrying and it’s normal to worry about how long it will take you to find suitable suitable accommodation. However, you do have options.
For example, if you belong to a vulnerable group, you could be given priority. In most cases, you’ll be pushed to the top of the list if you’re a young person, pregnant, have children, are fleeing domestic violence, have a serious illness or disability, or are living in unsafe or overcrowded conditions.
The key to navigating the eviction process is knowing your rights and accessing expert help and advice when you need it. Regardless of your circumstances, there is always help available.
