Get help when you’re being evicted

What is an eviction?

An eviction is when you’re asked to leave a property by a landlord.

What happens next depends on the kind of property you’re being evicted from.

If it’s a private rental, you’ll probably have an assured shorthold tenancy, and the landlord must give you a valid eviction notice, otherwise the eviction is illegal and you can challenge it.

Eviction is a legal process that can take a few months, but sometimes you can stop it.

If you’re threatened with eviction because of missed rent payments or arrears, tell your landlord you’re doing something to settle the arrears.

If you’re being evicted from council housing.

Like a private landlord, the council will have to go through a legal eviction process and again that could take months, so don’t worry about having to move out straight away. Get some legal advice about how best to proceed.

Think about why you’re being evicted. If it’s for not paying the rent or antisocial behaviour, you could try to convince the council that you’ll make amends.

If the eviction leaves you homeless, the council must help you find somewhere else to live, but you’ll need to make a homeless application with them.

Note that you could be classed as ‘intentionally homeless’ if you leave the property before the end of your notice period with no other accommodation.

If being evicted from temporary accommodation.

It’s important to note that if you refuse an offer of longer-term housing, you may be evicted. If you have a support worker, ask them if they can help you move to somewhere else.

If you ned to make a new homeless application, the council must provide you with emergency housing if you qualify.

What is the eviction process?

If you get an eviction notice from your landlord, check that it’s valid, but remember that you don’t have to move out straight away.

The best course of action is to stay where you are while you begin looking for somewhere else to live.

Don’t worry if you’re still in the property on the landlord’s move out date because they’ll need to get a county court order to start the eviction process.

When you receive the court documents, fill them in if you want to challenge the eviction.

Then there could be a court hearing where the information you and the landlord have provided will determine whether or not the eviction goes ahead.

After all of that, if the eviction is supported by the court, you’ll be ordered to leave the property by a certain date.

If you don’t, the landlord can bring in court bailiffs in to evict you, which can take still more weeks. Even then the bailiffs must give you two weeks’ notice before the day of your eviction. But then the bailiffs can change your locks once you’re out of the property.

But then you’ll have to pay your landlord’s court costs, so your best course of action is to find alternative accommodation rather than go through drawn out court proceedings.

Can my parents kick me out?

They can legally kick you out if you’re over 18, unless you’re named on the rental agreement or mortgage.

The first thing to do then is to make a homeless application to your local council, unless you want to try and sort out any conflict with your parents through what’s called mediation.

If you and your parents agree to mediation, you’ll all have to talk to an uninvolved third party in meetings separate from your parents to try and sort things out.

If you’re under 18, you should be able to get housing support from social services. It’s the legal duty of your local council’s children’s services to make sure you have somewhere safe to live.

Can I challenge an eviction?

Yes, you can, though it might be better to think about negotiating with your landlord. After chatting with them about why they want you to move out, you might be able to agree on a settlement.

If you need to pay for damage, for instance, or you still owe rent, then paying what you owe would be a lot easier and less stressful then having to find somewhere else to live.

If the landlord goes through with the eviction and you decide to contest it, you’ll have to fill in a N244 form and give the court reasons why you shouldn’t be evicted. (You should probably get legal advice for filling this in.)

You’ll then have to attend the court hearing, otherwise the eviction will go ahead. If you have any evidence relating to why you shouldn’t be evicted, take it with you.

If you’re served with a ‘no fault eviction’, just provide paperwork to show you’ve been a good tenant, paid your rent regularly and so on.

If on the other hand your eviction stems from behaviour that might be considered anti-social, but was a result of your mental or physical health, then you should provide written medical evidence from healthcare professionals.

If your eviction is a result of falling behind with your rent because you lost your job, started to claim benefits or some other valid reason, bring evidence as proof.

If the court defers your eviction on condition that you pay your rent, say, or some other proviso, you must fulfil your agreement.

Is there legal support if I’m being evicted?

It certainly makes sense to seek legal advice in this situation.

You could try Civil Legal Advice.

Call: 0345 345 345
Visit their government information page at Civil Legal Advice

Shelter

Visit Shelter’s website for housing and homelessness advice
Find your local Shelter service
If you need urgent advice call: 0808 800 4444 (8am to 6pm Monday to Friday, excluding bank holidays)

Citizen’s Advice

Call: 0800 144 8848
Visit Citizen’s Advice website

Law Centres

Get in touch with a Law Centre.
Find your nearest Law Centre on their website.

Your local Council

Ask to speak to the private lettings team at your local council.