Whether you’re dealing with a potential illegal eviction, unsure about what constitutes an unfair eviction, or looking to challenge an eviction notice in court, our August Q&A article covers everything tenant and landlord should know.
What happens if you avoid an eviction notice?
In England and Wales, if you avoid an eviction notice, the following steps generally occur:
- Notice Period: Initially, your landlord must give you a written eviction notice. The length of this notice varies depending on the type of tenancy and the reason for eviction.
- Court Order: If you do not leave by the date specified in the eviction notice, your landlord must apply to the court for a possession order. This means they are asking the court to order you to leave the property.
- Court Hearing: There will be a court hearing where both you and your landlord can present your cases. If the court grants the possession order, it will set a date by which you must leave the property.
- Eviction Warrant: If you still do not leave by the date set in the possession order, your landlord can ask the court for a warrant of possession. This allows bailiffs to evict you from the property.
- Bailiff Eviction: Bailiffs will visit the property to physically remove you if you have not left by the time specified in the warrant of possession. This is the final step in the eviction process.
Eviction can have serious consequences, including affecting your credit rating and making it more difficult to rent in the future. It’s often advisable to seek legal advice or assistance from housing charities if you receive an eviction notice.
If you need more specific information or help understanding the process of serving an eviction notice, contact us today.
What are the consequences for an illegal eviction notice?
An illegal eviction in the UK can have serious consequences for the landlord. Here are some of the key consequences:
- Criminal Offense: Illegal eviction is a criminal offense under the Protection from Eviction Act 1977. Landlords who carry out an illegal eviction can be prosecuted and face fines or even imprisonment.
- Compensation: Tenants who are illegally evicted can claim compensation through the civil courts. This compensation can cover not only financial losses but also damages for distress and inconvenience caused by the illegal eviction.
- Reinstatement: In some cases, the court can order the landlord to allow the tenant to return to the property if they have been illegally evicted.
- Legal Costs: If the tenant takes the landlord to court, the landlord may be ordered to pay the tenant’s legal costs in addition to any compensation awarded.
- Reputational Damage: Engaging in illegal eviction practices can severely damage a landlord’s reputation, making it more difficult to rent properties in the future.
Tenants facing illegal eviction can seek help from local authorities, housing advice services, or legal professionals. It is essential for landlords to follow the correct legal procedures when seeking to evict a tenant to avoid these serious consequences.
What is classed an unfair eviction?
An unfair eviction in the UK can encompass several scenarios where the landlord does not follow proper legal procedures or has no legitimate grounds for eviction. Here are the key aspects that can constitute an unfair eviction:
- Lack of Proper Notice: The landlord must provide the tenant with a written notice of eviction that meets the legal requirements, such as giving the correct notice period depending on the type of tenancy and the reason for eviction. Failure to provide this notice makes the eviction unfair.
- Retaliatory Eviction: If a landlord tries to evict a tenant because they complained about disrepair or exercised their legal rights (e.g., reporting to environmental health about unsafe conditions), this is considered retaliatory and can be deemed unfair and illegal.
- No Legal Grounds: The landlord must have a valid reason for eviction as defined by law. Common grounds include rent arrears, breach of tenancy agreement, or the landlord wanting to move back into the property. Evictions without these legitimate reasons can be challenged.
- No Possession Order: If a tenant does not leave after receiving a notice, the landlord must obtain a possession order from the court. Evicting a tenant without a possession order is illegal and can be challenged in court.
- Harassment and Coercion: Any attempt by the landlord to force a tenant out by changing locks, cutting off utilities, or using threats and harassment constitutes an unfair eviction.
- Incorrect Use of Section Notices: In the case of assured shorthold tenancies (ASTs), landlords must use the correct form of notice, such as a Section 21 or Section 8 notice. Misusing these notices or failing to comply with their requirements (e.g., providing the correct notice period) can make the eviction invalid.
Tenants who believe they are facing unfair eviction can seek help from legal advisors, local councils, or housing charities to challenge the eviction and protect their rights.
Can a tenant fight an eviction notice?
Yes, a tenant can fight an eviction notice in the UK. Here are some steps and options available for tenants to challenge an eviction:
- Check the Validity of the Notice: Ensure that the eviction notice complies with legal requirements. For instance, a Section 21 notice must be correctly served and provide at least two months’ notice. A Section 8 notice must specify the grounds for eviction and provide the correct notice period based on the grounds.
- Seek Legal Advice: Consulting with a legal advisor, solicitor, or housing charity can help tenants understand their rights and options. They can provide guidance on whether the eviction notice is valid and how to contest it.
- Attend the Court Hearing: If the landlord applies for a possession order, the tenant will receive a notice of the court hearing. It is crucial to attend this hearing and present any defences or evidence. Common defences include:
- The notice was not served correctly.
- The landlord has not followed proper procedures.
- The tenant has made rent payments or rectified the issue cited in a Section 8 notice.
- Disrepair and Retaliation Claims: Tenants can argue that the eviction is retaliatory if they have recently complained about disrepair or exercised their legal rights. They can also counterclaim for disrepair if the landlord has neglected their maintenance responsibilities.
- Apply for a Stay or Suspension: In some cases, tenants can apply to the court to delay the eviction or suspend the possession order. This might be possible if the tenant is experiencing hardship or if there are extenuating circumstances.
- Negotiate with the Landlord: Sometimes, reaching an agreement with the landlord can resolve the situation without going to court. This might involve arranging a repayment plan for rent arrears or agreeing on a later move-out date.
- Challenge Section 21 Notices: For Section 21 notices, tenants can check if the landlord has complied with all legal obligations, such as:
- Protecting the tenant’s deposit in a government-approved scheme.
- Providing the tenant with a copy of the Energy Performance Certificate (EPC), Gas Safety Certificate, and the “How to Rent” guide.
- Raise a Defence: At the court hearing, tenants can present a defence against the possession claim. Possible defences include procedural errors by the landlord, lack of proper notice, or compliance with tenancy terms.
It’s important for tenants to act promptly when they receive an eviction notice and seek appropriate legal advice to understand their rights and options.
