If you're having issues with your landlord, it’s vital you understand your rights as a tenant.
Sections
Missing rent payments
The proportion of private tenants between the ages of 35 and 54 has nearly doubled since 2006, the Family Resources Survey found.
And, unfortunately, those who rent are more likely to be in financial trouble.
According to debt charity StepChange, 80% of people searching for help with problem debts are tenants and often single parents. The majority of these found themselves struggling after a financial crisis such as divorce or redundancy.
This year saw a number of new rules for landlords, some of which you may not be aware of.
We've put together a guide to help if your landlord is attempting to evict you.
New regulations for landlords in 2018: HMO licences, eviction changes, mortgage relief cuts and more
Paying off rent arrears
Being taken to court
If you're behind with your rent, your landlord could try to evict you, which is known as "seeking possession".
This process usually involves obtaining a court order, but your landlord can't evict you without a court's permission. If he or she tries to make you leave without taking you to court, this is against the law.
During court proceedings, your landlord may let you stay in the property if you don't fall behind with your rent again.
If your landlord plans to evict you, there are a number of things he or she must do. These include:
- giving you notice -- known as "seeking possession"
- if you haven't left on time, your landlord can apply for a possession order from the court
- if you still haven't left by your eviction date, your landlord can ask for a warrant of possession
You'll then get a notice from bailiffs with details about the eviction.
You'll normally have the right to a written notice if your landlord wants you to leave your home. The main exceptions are if you're an excluded occupier, which means you share accommodation with your landlord.
When your landlord requests a possession order, he or she may also ask for a money judgement against you. This means you'll have to repay your rent arrears, even if you have moved out of your home.
Getting a notice to quit or notice seeking possession doesn’t necessarily mean you'll have to move out of your home immediately. Your landlord still needs a court order before he or she can evict you and can’t apply for a court order until the notice period has expired.
Opinion: We need to stop tenants being overcharged
Section 21 to be scrapped?
At present, you don't even need to be behind on your rent for a landlord to make evict you: a Section 21 notice would give you two months to leave the accommodation and the landlord wouldn't even have to provide a reason.
These are also known as 'no-fault evictions', but the Government has now announced proposals that could see the controversial legal process scrapped.
Providing more detail, Prime Minister Theresa May said: "Everyone renting in the private sector has the right to feel secure in their home, settled in their community and able to plan for the future with confidence.
"But millions of responsible tenants could still be uprooted by their landlord with little notice, and often little justification.
"This is wrong – and today we’re acting by preventing these unfair evictions. Landlords will still be able to end tenancies where they have legitimate reasons to do so, but they will no longer be able to unexpectedly evict families with only eight weeks’ notice.
"This important step will not only protect tenants from unethical behaviour, but also give them the long-term certainty and the peace of mind they deserve."
To be clear, any changes wouldn't mean a landlord can't evict a tenant no matter what, simply that they would need to have a legitimate reason for doing so.
Save money on your energy bills by switching - get started here
Your landlord's responsibilities
If your landlord lives with you
There are key differences between renting from a "live-in" (or "resident") landlord and a typical flat or houseshare.
While a tenant is entitled to privacy, lodgers don't have the right to exclude landlords from the room they're renting. This means you can't put a lock on your bedroom door to keep your landlord out.
In this situation, you're classed as an "excluded occupier". Because the property is regarded as the landlord's main residence, the law will be in his or her favour and he or she only has to verbally ask you to leave.
A live-in (or resident) landlord only needs to provide "reasonable notice" to evict you. The definition of "reasonable" is normally classed as 28 days, but could be shorter.
When moving into a new property, you might want to consider signing an agreement that sets out the conditions on which your landlord can evict you.
Buying your first home with Rent to Buy and Right to Buy
Assured shorthold tenancies
If you're an assured tenant, you won't normally live with your landlord and you'll pay rent for your main home.
You'll be classed as an assured tenant if your lease lasts for more than six months.
You should be able to stay in your home unless your landlord can provide the court with sufficient evidence there's solid ground for you to be evicted (a Section 8 notice).
These grounds could include:
- consistently missing rent payments
- damage to the property
You'll also be entitled to:
- your home to be kept in reasonable condition
- twenty four hours’ notice if your landlord wants to get into your flat or house
- your partner to take over your tenancy if you pass away
Get debt under control with a 0% balance transfer card
Your immigration status
If you're in private rented accommodation, your landlord is entitled to check whether you (or any other adult you live with) has the right to live in the UK.
Relevant types of proof include:
- a passport
- your biometric residence permit
If you're waiting for a decision about your right to live in the UK, suggest your landlord asks for a "right to rent" check from the Home Office, which should arrive within two working days.
What if you're not legally allowed to work in this country? Your landlord could potentially evict you without going through the courts and could do so within 28 days.
How to get help
If you're struggling to cope with a housing issue, there are a number of websites you can visit: