Evading eviction
Question
My landlord wants to evict me, is there anything I can do to stop it happening?
Answer
How, and if, you can stop an eviction depends upon many things. As it sounds like you're renting privately, it will depend upon what type of tenancy you have and the reasons your landlord has for wanting to evict you. If you think you may have a different type of tenancy, you can get help and advice from a local advice service.
Landlords have to follow legal procedures to evict someone; there are different rules for different types of tenancies.
Giving you notice to leave would be the first step the landlord would have to take before going to court to evict you. If you live in the same home as your landlord then your landlord may not need to get a court order to evict you as long as you have been given proper notice.
If the rules have been followed and the court has made an order saying you have to leave then there may be little you can do to stop an eviction. It would depend upon the reason your landlord wanted to evict you. It would also depend upon whether or not the court would listen to your case again before the eviction. Court officers called bailiffs would carry out the eviction.
In some cases you may be able to stop or delay your eviction by the bailiffs. You will need to act immediately. You have to apply to court to do this by filling in a form explaining your circumstances and the reason you want the bailiffs' visit to be stopped or delayed. You normally have to pay a court fee, but you may not have to pay this if you are claiming benefits or you have a low income. You will normally be given a date and time for a hearing. If you don't get a hearing, get advice immediately.
If you're facing eviction and you're not sure of your rights you can get advice from a housing aid centre, Citizens Advice Bureau (CAB) or your local council. It may not be too late, even if the bailiffs are on the way.
Updated: 29/09/2008
Question answered by Shelter
