If your landlord wants to evict you, they must follow the proper process. You may be able to challenge the eviction if the notice is invalid, or if there is a good reason you shouldn’t have to leave your home. If you only want to delay the eviction to give you more time to find somewhere else to live, the first thing you should do is speak to your landlord.
You may also be able to challenge your eviction if you have been discriminated against by your landlord. This is mainly covered by the Equality Act 2010 (Part 4) and involves someone treating you differently because of your race, gender, religion, or disability that you have. If you believe your landlord is discriminating against you, you should seek advice.
You should seek legal advice if you wish to challenge your eviction. Contact our specialist advisors who will arrange expert legal assistance. You can challenge the eviction claim when you have received court papers. Reply to the court within 14 days of receiving the papers. You should always go to the hearing, even if you did not reply to the court.
What happens if I get an Eviction Notice?
If you receive an eviction notice (otherwise called a ‘notice seeking possession), you don’t have to leave your home immediately. This is because your landlord usually has to follow due process before they can evict you e.g., they have to apply to the court for a possession order and the court must issue this.
Coronavirus Update
The government has introduced measures which, except in certain specified circumstances, prevent the enforcement of orders for possession in England or Wales during the period of any national lockdown, or possibly outside of a national lockdown where a property is in an area that is subject to more stringent local restrictions.
Your landlord can use a Section 8 if you have broken the terms of your tenancy e.g., fallen into rent arrears. Or a Section 21 if they want you to vacate the property at the end of your fixed term tenancy or during a periodic tenancy (i.e., tenancy with no fixed end date).
Firstly, you need to check that your notice is correct and has not been wrongly addressed to you. General checks will include the correct name, address and other details.
Next, you need to check if this notice is valid. The validity of your notice will also depend on the type of your tenancy. The most common types of tenancies which are covered in this note are the assured tenancy and assured shorthold tenancy.
Please note that there are other types of tenancies. You should contact your nearest Citizens Advice if you’re not sure what tenancy type you have or if you need help checking your notice.
| Assured tenancy | Assured shorthold tenancy |
The notice must state the following:
The notice must also be in the correct form. |
The notice must state the following:
The notice must also be in the correct form. |
| Your landlord can only give you a section 21 notice if they’ve already given you notice of non-renewal.
The written notice of non-renewal must have been given to you at least 6 months before the end of your tenancy if:
|
You check if the reason for your notice is valid. Some examples of valid reasons for eviction include:
- rent arrears
- damage to your landlord’s property
- causing a nuisance to your neighbours
- landlord wants to move back into the property
You may decide to leave the property by the date on your notice, or you may decide to stay and challenge the eviction.
Challenging an Eviction Notice
You might be able to challenge your eviction if your notice isn’t valid or you have a good reason why you shouldn’t leave your home. You may wish to speak to your landlord to come to a resolution e.g., allowing you to stay in your home if you show that you can repay your arrears. You might also be able to challenge your eviction notice if your landlord’s reason for evicting you arises out of discrimination.
Discrimination occurs when you have been treated unfairly or differently because of a ‘protected characteristic’. These protected characteristics include:
|
The law also protects you from being treated unfairly because:
- you challenged discrimination before (victimisation)
- of someone else’s protected characteristic e.g., your child/dependant
- your landlord thinks you have a protected characteristic, but you don’t
If you don’t leave your home, you’ll get court papers when your landlord starts a possession claim. You may then challenge your landlord’s eviction claim when you get the court papers. Within 14 days of getting the court papers, you should reply to the court. If you fail to reply, you should still go to your court hearing. The court papers will include a completed copy of your landlord’s claim (claim form), and a form for challenging your eviction (defence form).
You will need to fill out the defence form, stating why you are challenging the eviction in as much detail as possible. You must also give the reason(s) that you should be allowed to remain in your home. If you have an illness or disability, for example, and it would be difficult for you to move. Depending on the reason for eviction, the court may allow you to stay in your home or it may delay the date you need to leave. Send your defence to the court and your landlord within 14 days of receiving the papers. The address you should send it to will be on the papers you received. Remember to keep a copy for yourself.
Explain your side of the story, and give the reasons for any problems that you have that have contributed to the situation. For example, you might have rent arrears because you lost your job or had trouble claiming benefits. Gather as much evidence as you can, such as doctors notes if you have been off work ill.
Coronavirus Update
You should provide information if:
-
- you or someone you live with had coronavirus
- you’ve had to self-isolate
- you’ve lost your job or you’re earning less.
The court will also look at this information when deciding if you can stay in your home.
You must send the defence form back to the court and your landlord within 14 days. The address will be on the form. If your landlord is granted a possession order, you’ll usually have to pay any court costs within 14 days. You may request to pay the court costs over a longer time in smaller monthly payments. You might also have to pay your landlord’s court costs.
Finally, if your income is low or you receive benefits, you might qualify for legal aid to help you with your case. If you get legal aid, you might get protection from paying your landlord’s costs if you can’t afford to pay them.
Preparing for the Eviction Hearing
Your court papers will tell you when the possession hearing will take place, and where you should go for it. The court will decide if you need to leave your home. You must attend. You should still attend even if you did not send a defence form. If you do not attend, the court might rely only on the evidence your landlord provides, which will reduce your chances of being allowed to stay in your home or delay your eviction. You should seek legal assistance when preparing for your court hearing. Contact one of our specialist advisors for legal advice.
Legal Aid
You might be able to get legal aid to help cover the costs of your court hearing and legal representation. Visit the Government website to check if you can get legal aid. https://www.gov.uk/check-legal-aid. If you are potentially eligible for legal aid, you will be asked to contact Civil Legal Advice (CLA).
Legal aid is usually available to people who are on a low income, receive certain benefits and have limited savings or investments (below £8,000). If you are unable to get legal representation from a solicitor, you could get free legal advice on the day of the hearing. Ask the court before the hearing date for details of what help you can have on the day. There is usually a legal adviser you can speak to on the day called a ‘duty adviser’.
5.14