Evictions hit record high: Dont let your landlord bully you out of your home
Tony Gosling
tony at cultureshop.org.uk
Wed Apr 29 23:16:38 BST 2015
Evictions hit record high: Don't let your landlord bully you out of your home
http://www.mirror.co.uk/money/landlord-eviction-tenant-rights-rules-5176118
*
<http://www.mirror.co.uk/money/http://www.mirror.co.uk/by-date/17-02-2015>11:16,
17 February 2015 -By Rob Grant ,
<http://www.mirror.co.uk/money/http://www.mirror.co.uk/authors/julia-rampen/>Julia
Rampen
http://www.mirror.co.uk/money/landlord-eviction-tenant-rights-rules-5176118
Landlords are evicting tenants like never before. Here's a guide to
renting rights and what to do in the case of an eviction, whether
you're a council tenant or a lodger
Don't let your landlord turf you out onto the street
The number of renters turfed out of their homes in England and Wales
has reached a record high.
There were 41,965 cases of tenants turfed out of their homes through
the courts in 2014 - the highest total since national records began in 2000.
It's an 11% jump in evictions since 2013. Most are triggered by a
repossession claim from a landlord after
<http://www.mirror.co.uk/money/http://www.mirror.co.uk/news/ampp3d/shocking-stories-behind-britains-surge-5176498>tenants
fall behind on their rent.
The rise and rise of evictions
Generation Rent director Alex Hilton said social tenants are most at
risk: "If you are in the social sector and you are being evicted, you
have got nowhere else to go."
Pointing this out at court hearings may gain you sympathy and extra
time to prepare, he added.
Am I at risk of eviction?
Your landlord may try to evict you if:
* You have fallen behind on the rent
* You've been given two months'
'<http://www.mirror.co.uk/money/http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/eviction_of_assured_shorthold_tenants>notice
to quit' but haven't left
* You're acting in an anti-social manner
* You live with them and you're getting on their nerves
If you're worried about paying the rent each month, check out
<http://www.mirror.co.uk/money/http://www.mirror.co.uk/money/dont-left-homeless-how-beat-4922590>our
guide to making ends meet.
If my landlord tries to evict me, what are my rights?
Your rights depend on the type of rental agreement you have:
1. READ YOUR TENANCY AGREEMENT
There are different rules for
<http://www.mirror.co.uk/money/http://england.shelter.org.uk/get_advice/eviction/eviction_of_housing_association_tenants/eviction_of_assured_tenants_of_housing_associations>housing
association tenants and
<http://www.mirror.co.uk/money/http://england.shelter.org.uk/get_advice/eviction/eviction_of_council_tenants/eviction_of_secure_council_tenants>council
tenants. Most private tenants have an assured shorthold tenancy
agreement, but there are different rules for the different types of
contract.
<http://www.mirror.co.uk/money/https://www.gov.uk/private-renting-evictions/rules-your-landlord-must-follow>You
can read more here.
<http://www.mirror.co.uk/money/http://www.lodgers.com/evicting-a-lodger.html>Lodgers
have fewer rights than other types of private tenant. In all cases,
check the landlord is in line with the rules.
2. TRY TALKING
Shelter has a free helpline for tenants facing eviction
If you've fallen behind with your rent, councils and housing
associations
<http://www.mirror.co.uk/money/http://england.shelter.org.uk/__data/assets/pdf_file/0003/386454/Factsheet_Rent_arrears_protocol.pdf>must
try to negotiate a solution before going to court. Private tenants
have no such right, but you can still try talking to your landlord.
The Citizens Advice Bureau
<http://www.mirror.co.uk/money/http://www.adviceguide.org.uk/england/housing_e/housing_rent_arrears_e/paying_off_your_rent_arrears.htm>has
some tips on dealing with rent arrears here.
3. TRACK THE PAPERWORK
Your landlord must follow certain rules and procedures to evict you.
<http://www.mirror.co.uk/money/http://england.shelter.org.uk/get_advice/eviction/eviction_of_council_tenants/eviction_of_secure_council_tenants>Councils
and<http://www.mirror.co.uk/money/http://england.shelter.org.uk/get_advice/eviction/eviction_of_housing_association_tenants/eviction_of_assured_tenants_of_housing_associations>housing
associations must give you notice and apply for a possession order
before evicting you.
In most private rent cases, your landlord
<http://www.mirror.co.uk/money/http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/eviction_of_assured_shorthold_tenants>must
issue a Section 21 notice giving you two months' warning, and also
apply for a court order telling you to leave. You do NOT have to
leave when the notice period expires - it's the possession order that counts.
4. CHECK YOUR LANDLORD IS PLAYING BY THE RULES
If you're a private tenant, your landlord may find their eviction
efforts are in vain if they haven't bothered to
<http://www.mirror.co.uk/money/https://www.gov.uk/tenancy-deposit-protection/overview>place
your deposit in a protection scheme. A similar rule applies
<http://www.mirror.co.uk/money/http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/eviction_of_assured_shorthold_tenants>if
you're living in a house of multiple occupation and they haven't
registered with the council.
5. ASK FOR HELP
An eviction protest in Nottingham
Housing charity Shelter has a
<http://www.mirror.co.uk/money/http://england.shelter.org.uk/get_advice/how_we_can_help/housing_advice_helpline>free
housing advice helpline on 0808 800 4444. You can also contact the
<http://www.mirror.co.uk/money/http://www.citizensadvice.org.uk/index/getadvice>Citizens
Advice Bureau. Evictions are also increasingly attracting protestors.
If you know the bailiffs are coming round, networks of volunteers
such
as<http://www.mirror.co.uk/money/https://evictionresistance.squat.net/about/>Eviction
Resistance can slow down the proceedings.
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