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Daily Mirror
Daily Mirror
Business
Emma Munbodh

Eviction rights and rules as 800,000 people fear losing their homes from today

More than 800,000 renters in England and Wales fear being kicked out of their homes from today as the eviction ban ends, figures show.

From Monday, landlords will no longer have to give six months' notice before starting eviction proceedings, with the time frame falling to four months. It's set to drop again to just two months on August 1.

Bailiffs will also be able to repossess properties for the first time in a year from today, the government has confirmed.

The Joseph Rowntree Foundation said 400,000 tenants have already been served with an eviction notice or told they may be evicted.

It said a further 450,000 people are at risk of eviction because they are in arrears with rent.

The ban, which was introduced at the start of the Covid pandemic and extended throughout the second wave, ends on Monday – allowing landlords to restart court action against tenants (Getty Images Europe)

Rachelle Earwaker, of JRF, said: "For the 450,000 families locked in rent debt, the prospect of securing a mortgage is simply unimaginable and, worse still, many will now struggle to secure a new home in the private rented sector just as the eviction ban ends.

"High levels of arrears are restricting families' ability to pay the bills and forcing many to rely on hidden borrowing.

"This is not only deeply unjust, it is also economically naive and risks hampering our economic recovery, which is reliant on household spending increasing as society continues to reopen.

"The Government's decision to provide a generous tax break to wealthier homeowners through the stamp duty holiday while failing to protect renters points to a worrying two-tier recovery in which those who were prospering prior to the pandemic will continue to do so while those who have been hit hard will sink even further behind.

"The cost of boosting support to tackle rent arrears is a fraction of the cost of the stamp duty holiday."

What the eviction ban ending means for you

  • Bailiffs will once again be able to evict tenants using a court order - but they won’t be able to enter the property if the resident has Covid-19 symptoms or is self-isolating.
  • Landlords no longer need to wait six months to start the evictions process – this is now four months.

What happens if my landlord wants to evict me?

If you're a private tenant, your landlord can ask you to move out using either a Section 21 or Section 8 notice.

Section 21 is also known as a "no-fault eviction" because it allows the landlord to kick the tenant out without a reason.

A Section 8 notice is slightly different. It requires a reasonable explanation from the landlord, such as the tenant has not paid rent.

Steps your landlord much follow to evict you

Citizens Advice says if your landlord wants to evict you from a privately rented home, they have to go through three stages.

  1. They need to serve you with a formal notice
  2. When this expires, they need to go to court to get a possession order
  3. After this point, they can ask for a bailiff to formally remove you

I’ve been unfairly treated – what can I do?

You may be able to reach an agreement with your landlord (iStockphoto)

If you’re being evicted and think your landlord may be treating you unfairly, ask them for more information. It could be that they are kicking you out because they want to increase the rent – but equally, it could be because you missed a payment and the property is at risk of repossession.

If that doesn’t get you very far – or you suspect something isn’t adding up - make a formal complaint setting out why you think you’ve been treated unfairly.

In the letter, detail the situation, ie that you are being evicted with or without a breach of contract or health and safety objections.

Keep everything in writing and ask your landlord to put their responses in writing too.

If that doesn’t resolve the matter, the local authority may be able to act as a mediator.

You will need to go through your local council's housing department to find out about the process but make sure you notify your landlord and the courts if an eviction notice has been served or sought.

The big problem though, is the fact that the landlord can evict you if your contract is up and there’s not much you can do about it if they follow the rules.

I’m worried about being evicted – what should I do?

  • Don’t wait for it to happen
    If you are behind on your rent or your contract is due to end soon, get in touch with your landlord or letting agent now so you can pre-empt what might happen later.
  • Are you in arrears?
    If you’ve entered into a payment plan with your landlord or they’ve agreed to defer payments, make sure you have it in writing and that they are up to date on how you are getting on with the plan.
  • Claim Universal Credit
    The government’s all in one benefits scheme is available if you are struggling.
    For those who haven’t claimed in years (or ever), the payment for rent goes direct to you, not your landlord, so you don’t necessarily need to tell them.
    However, if you’re applying to rent a property, you may need to get extra references and some landlords are refusing to take people on benefits. See what help you may be eligible for using our benefit calculator, here.
  • Plan a move
    If it’s looking like you’ll be asked to leave or might get priced out, don’t wait it out, start shopping around. Work out what you’ll need cost-wise for a deposit and the cost of moving your stuff.
  • Get help
    If you’re in financial difficulties, speak to Citizens Advice, StepChange or another charity for help with your creditors.
    They will work out what you can afford to pay and may help you free up some cash to stay afloat.
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