Eviction and Harrassment
Receiving notice
Your landlord must follow the specified legal procedure before they can evict you. This includes giving you notice telling you the date they want you to leave. The procedure varies depending on how you occupy your home. The main procedures are as follows:
- To evict you during a fixed term or assured tenancy your landlord must give you written notice stating the reason for eviction. For example, if you have two months of rent arrears, your landlord can give you just 2 weeks notice.
- To evict you at or after the end of a fixed term tenancy, the landlord can give you 2 months notice in writing without stating a reason - this is called a Section 21 Notice. They can also give you notice stating a reason as above.
- If you share the property with your landlord, they have to give you reasonable notice, or the amount of notice specified in the rental agreement. This can be written or verbal and no reason has to be given.
If you have received notice you will not necessarily be evicted. Finding somewhere else to live is typically difficult, so it is normally worth trying to persuade the landlord not to evict you. Eviction and reletting can be expensive for the landlord so you may be able to persuade them.
Speak to your landlord as soon as possible. Do you know the reason why they have given you notice? If not, ask them. If the reason is rent arrears, see below. Offer to do what you reasonably can to address the reason. The Council's Housing Options service will speak to the landlord on your behalf if you ask them; call 01283 508120. If the landlord agrees not to proceed with eviction or to give you more time, ask them to confirm this in writing.
For more information about the different types of notice see housing charity Shelter's website here.
Rent Arrears
If the reason the landlord has given you notice is rent arrears:
- If possible agree to start paying the rent and to pay off the arrears over time. Pay the rent before paying towards unsecured loans eg credit cards. If you need help to work out how to do this, speak to Housing Options at the Customer Services Centres or on 01283 508120.
- If Housing Benefit is the problem, it is your job to sort it out. Housing Benefit can often be back-dated to clear arrears, but you need to provide the information needed or else your claim may be cancelled. Answer any letters from Housing Benefits and provide any information they have asked for so that your claim can be paid. If anything is unclear speak to them as soon as possible on 01283 508422 or at the Customer Service Centres. Explain to your landlord what you are doing to reassure them.
- If you have rent arrears because of something outside your control, eg loss of employment or reduction in hours, speak to Housing Options on 01283 508120 or at the Customer Services Centres about possible financial help.
If the landlord still intends to evict you
If, having done what you can, the landlord continues to say they are going to evict you, you need to look for somewhere else to live.
If the date in the notice is less than 4 weeks away, speak to Housing Options on 01283 508120, particularly if you have children, are pregnant or you feel vulnerable.
You should try and find somewhere that enables you to leave by the date in the notice. However, unless you share the property with your landlord, you do not have to leave on the date in the notice; you are legally allowed to stay in the property until the landlord has obtained a court order. Explain to the landlord that you are looking for somewhere else and need a little longer.
If you find somewhere else to live which you need to start renting before the date in the notice, ask your landlord if you can end the tenancy early. If they say no and you receive Housing Benefit, speak to Housing Benefits on 01283 508422 or at the Customer Service Centres about claiming Housing Benefit on both properties for up to 4 weeks.
If you receive papers from the County Court because the landlord wants to evict you for a specified reason, the Court may decide not to agree the eviction. You can explain to the Court why you should not be evicted. If possible talk to Housing Options before the court date on 01283 508120. Make sure you attend the hearing and arrive early, and the Court Desk service will then be able to represent you; at Burton County Court the service is delivered by Derbyshire Housing Aid
See Finding somewhere to live for advice about different housing options.
Receiving a Possession Order or a Warrant for Possession
Speak to Housing Options on 01283 508120 or at the Customer Services Centres without delay.
Illegal eviction and harrassment
This happens when a landlord or any person acting on his/her behalf forces or attempts to force a tenant to leave their home without following the correct procedure. A landlord may have broken the law if he/she has:
- Told you to get out of your home without proper notice
- Physically or verbally threatened you
- Locked you out of your home
- Cut off your gas or electricity
- Stopped you getting into part of your home
Unless you share the property with the landlord, the law makes it a criminal offence for them to evict you without obtaining a court order. However in spite of the law, some landlords may try to make you leave without following the correct steps.
Harassment can include anything done by a landlord or someone acting on his/her behalf, which stops you living quietly and safely in your home. You may feel you have no choice but to leave your home. Harassment is difficult to define but it can cover such things as:
- Interfering with your gas, water or electricity supply
- Threatening to make you leave your home
- Interfering with you possessions
- Entering your home without your consent
- Verbal or written threats of abuse
- Harassing you because of your gender, race or sexuality
What should you do?
If you think the landlord is harrassing you:
- Keep a diary, notes, and photographs detailing all the events that take place
- Keep any relevant text messages from the landlord and consider recording conversations
- Ask the landlord to put all communication in writing
- Keep names and addresses of people involved, especially witnesses of incidents including police officers
- If you have to deal with the landlord in person, try to have someone present with you as a witness
- Write to the landlord to say that if harassment continues you may be forced to leave and/or take legal action.
The police can be called in an emergency or if you are being seriously harassed by your landlord or any other person. This is important if you have been threatened or assaulted or if your property has been damaged or stolen as well as if you have been locked out.
You can call the Housing Aid Helpline on 0845 345 4345 or your own solicitor for advice. If you are being harassed, or have suffered illegal eviction, you can apply to the County Court to get a Court order. This will require your landlord to refrain from harassing you and /or to reinstate you to your home if you have been unlawfully evicted. This can be an effective form of action, because if your landlord breaches the order, he/she could be sent to prison. You can also seek compensation. Bear in mind, though, that in order for a civil claim to be successful, strong evidence is required and you will have to attend court as a witness. Speak to Derbyshire Housing Aid on 01332 287850 or your own solicitor to discuss this.
The Council has a discretion under the Protection from Eviction Act 1977 to prosecute landlords for illegal eviction or harassment of a residential occupier. The Council only has limited resources to assess any complaints about illegal eviction and will need to determine whether further action is necessary and possible. If the Council agrees to investigate you will need to provide full details of any incidents, and any people involved, including witnesses. Following investigation the Council will need to consider if it has enough evidence for a prosecution and whether there are available resources to pursue the matter. If the Council proceeds with a prosecution you and any other witnesses will be required to give evidence in Court.
For more advice see the Government leaflet My landlord wants me out and/or visit housing charity Shelter's website here.
You can also contact the Council's Housing Options service for advice. You should also contact the service if you can no longer live in your home because of illegal eviction or harassment:
- Call or text 01283 508120
- Email your question to housingoptions@eaststaffsbc.gov.uk
- See us at the Customer Service Centre, Market Place, Burton 9am-5pm Mon-Fri (9.45-5pm Wed)
- Speak to us from the Customer Service Centre, Uttoxeter Library, High Street, Uttoxeter 9am-5pm Mon-Fri (10.30am-5pm Wed)