The Eviction Process
Advice
You cannot be evicted unless your landlord has gone through the proper steps. They must:
- Give you a valid section 21 or section 8 notice;
- Get a possession order from the court if you haven’t left by the date noted on section 21 or section 8 notice;
- Ask the court for a warrant of possession if you haven’t left by the date on the possession order; and
- Get an eviction warrant from the court. When this warrant has been obtained, bailiffs are allowed to evict you from your home. If you refuse to leave your home on instruction from the bailiffs, they can get the police involved, especially if the situation is escalating.
The action that you should take will depend on which stage of the process you have reached. The sooner you act the better.
If you have received a section 21 notice
You will not have to leave your home immediately. Section 21 notices can only be given if you have an assured shorthold tenancy. You cannot be given a section 21 notice within the first 4 months of your tenancy. Your landlord must have given sufficient notice. If you received the section 21 notice on or after 29 August 2020, you are entitled to 6 months’ notice before the date your landlord wants you to leave your home. If your landlord has not given sufficient notice, they will need to issue a new section 21 notice. If there are mistakes on the section 21 notice, such as your name being spelt incorrectly, it may not be valid. There are other reasons why a section 21 form may not be valid. Be aware that your landlord does not need a reason to give you a section 21 notice.
For example, they may want to move into the property themselves or sell the property. If you do not have anywhere else to live, do not leave your home before the date on your section 21 notice. Speak to your local council if you have received a section 21 notice and need help finding somewhere to stay. If the section 21 notice is not valid, or you have a good reason why you should not have to leave your home, you may be able to challenge your eviction.
If you have received a section 8 notice
You will not have to leave your home immediately. Check that the order is valid. Section 8 notices can only be given if you have an assured shorthold tenancy. Most private renters have this type of tenancy.
The section 8 notice should include:
- Your name;
- The address of the property;
- The grounds for possession (the reason your landlord wants you to leave your home); and
- The date the notice ends.
The section 8 notice should explain the reasons (grounds) your landlord is trying to evict you. The grounds for eviction are numbered 1-17. Your landlord may try to rely on one or more grounds for eviction. Seek advice if you need help understanding the grounds for eviction. There are several reasons a landlord may give you a section 8 notice. This can happen at any time during your tenancy. Common reasons include if you have rent arrears, have damaged your landlord’s property, or caused a nuisance to your neighbours. Rent arrears is the most common reason for a section 8 notice.
Normally you will get at least 14 days’ notice to leave your home. If you received your notice on or after 29 August 2020, the minimum notice will be longer – 6 months for most grounds of eviction. Ground 14 has no minimum notice period. If you do not have anywhere else to live, do not leave your home before the date on your section 8 notice. Speak to your local council if you have received a section 21 notice and need help finding somewhere to stay.
If the section 8 notice is not valid, or you have a good reason why you should not have to leave your home, you may be able to challenge your eviction.
Challenging your eviction
You may be able to challenge your eviction if the section 21 or section 8 notice is not valid, or if you have a good reason why you shouldn’t leave your home. 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). Examples of discrimination are if your landlord is evicting you because of your race, gender, religious beliefs, disability, or because you have complained about discrimination before. If you believe your landlord is discriminating against you, you should seek advice.
You must wait until you receive court papers before challenging your eviction. If you do not leave your home by the date on section 21 or section 8 notice, your landlord will need to go to court to begin the eviction process. It is a good idea to seek legal advice if you wish to challenge your eviction.
If you have received an eviction warrant
If you do not leave your home by the date given on the possession order, your landlord can get an eviction warrant. Bailiffs must give you notice, including the time and date of eviction. This notice must be given at least 14 days before evicting you. If your landlord has not gone through the proper steps for eviction, or if you have not been given notice by the bailiffs, the eviction may be illegal. If you have received an eviction notice that bailiffs are coming to your home, you should get help straight away. Speak to your council about getting help finding somewhere to stay.
Despite knowing the date of eviction some families ignore it until the bailiffs arrive in the hope that they can plead with them for an extension, whilst they may be sympathetic to your case, they have a job to do and you must comply with their instructions. If you are still in your home on the date of the eviction, the bailiffs will ask you to leave. They may allow you time to gather your belongings, but they do not have to. If you know the date when you should move out by then you make suitable preparations, or if you are waiting for the bailiffs then you should make up a box or case containing essential items, such as medications, important papers etc. After being evicted you should attend the local council and inform them of your homelessness. As a general rule, the bailiffs will allow you back in after a few days to collect your belongings.
Illegal Evictions
If you are in immediate danger, call the police. This may include when the proper steps have not been followed and someone is trying to evict you, or if the bailiffs refuse to show their identification. Call your council immediately if you have been illegally evicted. You may be able to apply for an injunction. You may also be able to get compensation.
How we can help
If you wish to challenge an eviction then you need to act without hesitation, our first action would be to seek to be appointed as a mediator between you and your landlord to try and find a workable solution, the end goal would be to get the threat withdrawn. To gain our assistance you need to open a case, this is done by taking advantage of our free consultation service, activated by the link at the top of the page, should you wish to start a case the caseworker will send you the suitable payment link.
Please note your caseworker can only give generic advice, their role is to prepare your details for handling by our legal team and to act as your point of contact, they will also issue you with your Password and PIN, these will be needed to log onto your client dashboard. From your dashboard you will be able to manage and view every aspect of your case, upload documents, images, files etc.