I rent my home – can I be evicted?
A court ban protecting renters from eviction has ended. This means landlords can take eviction cases to court, but only if certain conditions are met. You do not need to leave your home just because the ban has ended, and there may be steps you can take to prevent eviction.
In most cases, the eviction process has three stages. Taking the case to court is the second stage. The first stage is your landlord giving you a written notice saying they want the property back. The notice must give you a period of time (‘notice period’) before your landlord can take the case to court – six months in most cases.
Once the notice period is up, your landlord can ask the court to decide whether you must leave, which may involve a court hearing. If the court decides you do need to leave, you are given a few weeks to find alternative accommodation. If you do not manage to do this, the landlord must make another application to the court before bailiffs can turn up at your property. This is the third and final stage.
Note that bailiffs are being told not to carry out evictions in certain local lockdown areas – check with your local council if this applies in your area.
How long does this take?
Before the pandemic, eviction through the courts could take many months. It may take even longer now due to a backlog of cases.
Also, if your landlord served a notice while the eviction ban was in place, they may have to ‘reactivate’ the case by letting the court know they still want to go ahead with the eviction. If they don’t, the court should put the case on hold.
What should I do?
The key thing is to seek advice as soon as possible, whatever stage your case has reached.
You do not need to leave your home just because your landlord has told you to, or because the ban has been lifted. You can stay in your property beyond the end of your notice period and wait for the court to decide whether and when you have to leave. This includes if you have a fixed-term tenancy coming up for renewal and your landlord is refusing to renew.
There are disadvantages to doing this, for example you may have to pay your landlord’s court costs and your credit score may be affected. But you may be able to convince the court to let you stay, or at least give yourself more time to explore other options. An adviser can help you understand the pros and cons.
Lodgers and other special cases
Some people are not entitled to a court order before they are evicted. This includes if you live with your landlord (who may be a family member or friend) and share a kitchen, bathroom or living room with them, or if you live rent free. Seek advice if you are in this position and worried about your security.