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Tips for Tenants faced with Eviction

Unlawful Eviction

If you are a residential tenant, it is a criminal offence for your landlord to evict you without a court order.

If your landlord evicts you, or tries or threatens to evict you without taking you to court first, you should go and see the tenancy relations officer at your local authority, who will if appropriate, consider bringing a prosecution against your landlord.

You can also seek advice from a solicitor, who can help you bring a claim for compensation, and an injunction allowing you back into the property (if you wish this).

Notices

Before issuing proceedings for possession a landlord must serve the appropriate form of notice on the tenant. However there are several different forms of notice and the landlord has to use the correct one and give all the necessary information, otherwise it will be invalid.

If a notice is served on you, seek legal advice.

Possession proceedings

If you receive a summons for possession, do not ignore it. Take advice. You may have a defence to the proceedings if:

  • the proper form of notice has not been served on you, and/or

For claims based on rent arrears, if:

  • the property is in poor state of repair
  • your landlord did not follow the proper procedure when increasing your rent
  • the rent arrears are less than stated

And/or if:

  • your rent arrears are less than two months/eight weeks, and/or
  • you first moved into the property before 15th January 1989

You have a good chance of being able to stay in the property if you can show the Judge that you can pay off the rent arrears.

If your rent arrears are solely because of delays in payment of Housing Benefit, seek legal advice immediately. However, non-payment of benefit to you is not in itself a defence. It is most important therefore that you attend the hearing and try to obtain legal advice and representation.

Consider also contacting your local Councillor or MP to see if they can help speed up the payment of benefit to you.

For claims based on other grounds (ie not rent arrears), you may have a defence, particularly if the statements made in the papers are untrue.

In all cases you should seek professional legal advice.

If you want to be re-housed by the local authority

  • Do not move out of the property
  • Take the summons to the Homelessness Officer at your Local Authority
  • Follow any advice that they give you

If you are

  • Pregnant,
  • Have dependent children who are living with you, or
  • Are vulnerable because of age, mental illness, disability or some other reason

Getting Advice

If you are unable to afford solicitors, you will find a list of places where you can get advice and help >> here.

Index

  • Introduction
  • 1. The Right to Housing
  • 2. The Right to Information
  • 3. The Right to have your Deposit protected
  • 4. The Right to be treated fairly
  • 5. The Right to a fair rent and to set off expenses
  • 6. The Right not to be discriminated against
  • 7. The Right to a safe property which is in proper repair
  • 8. The Right to live in the property undisturbed (and only be evicted through the courts)
  • 9. The Right to Leave the Property
  • 10. The Right for your family to live in the property after your death

Easy Law Training

Tessa Shepperson

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Legal

Tenant Law is the trading name for this online service provided by Landlord Law services Ltd.

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Disclaimer

Disclaimer: the information on this site is provided in good faith and great care has been taken to ensure that it is as accurate as possible. However it should not be relied upon as a substitute for legal advice from a qualified lawyer regarding any actual legal issue or dispute.

Nothing on this site should be taken as constituting legal advice.

Other websites

You may also find the following sites from Tessa useful:

The Renters Guide
The Landlord Law Blog
Lodger Landlord

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