What if things go wrong with renting?

If you get behind in your rent payments you may be able to pay rent arrears in stages. Contact your landlord to negotiate, alternatively seek free professional advice from local service centre or Community Links or call Debtline on 0808 808 4000.

For more information see I'm in debt and I can't pay the rent

If you plan on going away for a long time let your landlord know, they may mistakenly think you have abandoned the property.


I've been asked to leave, what are my rights?

If your landlord has asked you to leave you don't always have to leave because you have been told to. You should seek legal advice as your rights will depend on the type of tenancy you hold. If you live with your landlord you have fewer rights, you should seek advice at your Local Service Centre.

Your landlord has to follow the correct legal procedure, if they do not they could be committing an illegal act. You must continue to pay your rent while you are staying in the property.


What is the legal eviction process?

In general, tenants will be first served with some form of written notice from the landlord informing them that the tenancy is to be brought to an end (except if you live with your landlord). This may be called a 'Notice to Quit' or a 'Notice of Seeking Possession'. If you receive one of these and do not want to move, seek legal advice immediately.

If you leave upon the expiry of a Notice and then approach the council for housing assistance, it is likely you will encounter difficulties.

The main reasons for legal eviction are:

• Your Assured Shorthold tenancy has ended (check your tenancy agreement)
• You don't pay your rent or you are in rent arrears
• You are involved in anti-social behaviour

In most cases the notice period is two months. If you do not leave voluntarily, the landlord will have to apply to the County Court for a Possession Order.

If the County Court agrees with your landlord they will issue a Possession Order for you to leave the property, usually within 14-28 days. If you stay in the property after this date, your landlord must seek a Bailiff's Warrant to evict you and you will also be liable for court costs.


How do I know if I am being illegally evicted?

Your landlord must follow the correct legal procedures. In most cases, a tenant will have the right not to be evicted from their accommodation until the landlord has first obtained a formal possession order from the County Court. This order can only be enforced by a Bailiff appointed by the Court.

If your landlord is threatening to evict you before this stage contact your Local Service Centre, Community Links, or Shelter and speak to an advisor who will be able to tell you about the rights you have to remain in your home.

You are being illegally evicted if:

• You received no notice before being told to leave
• The locks were changed while you were out
• You were threatened and forced to leave
• You were physically thrown out
• You were stopped from getting into certain parts of your home

REMEMBER: The only person that can physically remove you from your home is a Court Bailiff. If the landlord tries to remove you it is a criminal offence.

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