Easiest way for renters to fight back against no-fault evictions
THOUSANDS more renters were forced from their homes by hateful no-fault evictions last year, compared to 2022.
The number of fines in England rose by almost a third to 30,230 in 2023, compared to 23,822 the year before, new data shows.
It is the highest number issued since 2016.
Meanwhile, the number of homes seized by bailiffs rose by 50 percent to 9,457.
It comes as ministers are still refusing to say when they will finally implement a long-awaited ban.
Tom Darling, campaign director for the Renters' Reform Coalition, said the bill “concerns life support after it is no longer a priority.”
Here, Laura Purkess explains how to fight back until the ban comes into effect.
WHAT IS EXECUTION WITHOUT ERROR?
WHERE your landlord asks you to leave your home even though you have done nothing wrong.
Although you must move if the notice is valid, you do not have to do so immediately.
Reagan Jones, director of compliance at rental service Zero Deposit, says: “Your landlord must give at least two months' notice, and if you have failed to vacate on the specified date, they will also have to initiate legal proceedings go through to evict your home. You.
“This can take weeks depending on how busy the courts are, and even after a seizure order has been granted it can still take a few weeks for the bailiffs to arrive at your door.”
GET FREE LEGAL ADVICE
You can challenge a no-fault eviction through the courts and you will usually receive free legal advice.
Seek help as soon as you receive a notice so you have time to build a case.
The Advisory Service for the Prevention of Home Loss provides early legal support for housing issues.
Find a local provider find-legal-advice.justice.gov.uk.
The court can only declare an eviction order invalid if it is “invalid”. So it is best to prove that it does not meet the correct criteria, advises housing organization Shelter.
For example, landlords must use Form 6A to give notice.
Nothing else is valid.
You must also give two months' notice to move out and it must be at least four months since the start of your original lease.
Mr Jones added: “If your landlord does not apply to the court within six months of issuing a section 21 notice, it will become invalid and they will have to repeat the original process.”
Unresolved issues with your home can also help your case.
Mr Jones said: “The lack of a working smoke detector or carbon monoxide detector can invalidate a report.”
And he adds: “Your landlord may also have failed to provide you with electricity and gas inspection certificates, illegally charged you or evicted you from your home following a complaint you made about the property.”
The deposit for your home must be covered by a protected rental deposit scheme from the moment you move in.
WHAT IF THE NOTICE IS VALID?
There are other ways to prevent deportation.
Talk to your landlord and see if there is room for negotiation, Mr Jones advises.
Most should be willing to negotiate and be flexible to give you time to find a new home.
Mr Jones added: “If you choose to remain in the property beyond your eviction date, you will have the opportunity to express your side of the story in the court proceedings, which could influence whether or not of a warrant for possession.”
WHAT IF I GO TO COURT?
It is best to attend the hearing in person, Shelter advises.
Normally, the court will set the time and date of the hearing when it sends you the paperwork – usually four to eight weeks later.
If you cannot attend, tell the court as soon as possible and give a good reason – perhaps a sudden and serious health problem.
GET HELP PAYING RENT
YOUR landlord may try to evict you even if you haven't missed a payment.
If you are at risk of falling into rent arrears, please contact them.
They do not have to help you, but they can give you extra time to pay or temporarily reduce the rent.
There are also municipal schemes that offer emergency assistance.
The Welfare Assistance Scheme provides free cash, food vouchers, bills and rental support with grants typically up to £1,000.
Each municipality has its own scheme. Find yours on the Gov.co.uk website and contact them directly.
The Household Support Fund is another programme, through your local council, which provides vouchers and free money.
What you get is usually based on your financial resources and the benefits you claim.
Support ends on March 31, 2024.
If you receive Universal Credit or Housing Benefit, you can also apply for a Discretionary Housing Payment (DHP) from your local council.
In your application, explain why you cannot pay the rent and what consequences not receiving a DHP would have for you.