Citizen Advice

Since the pandemic started there have been a number of restrictions on landlords’ ability to evict tenants from their homes. These are being gradually removed and from 1 June it became possible to evict tenants even if they are not at fault. If you or someone you know could be in this situation, this is a very basic guide to the process for eviction from private or housing association rentals. It does not cover council housing or owner-occupiers. Housing law is complicated and we strongly advise anyone facing the possibility of losing their home to get advice. We’ll mention some sources of advice at the end of the article. Eviction from private or housing association rental is basically a three-stage process. First, the landlord has to give you notice. The landlord can choose between a no-fault process – known as a section 21 procedure – or one where the landlord alleges fault, such as rent arrears, known as a section 8 procedure. For the section 21 procedure the landlord must give you 4 months notice. For the other procedure the notice period depends on the reason. Whichever notice procedure is used, when the notice period expires the landlord must seek a possession order from the county court in order to force you to leave. In a section 21 case the judge has very little discretion as to whether to make the possession order, because the tenant does not need to be at fault. In practice the only circumstance in which a possession order will be refused is if the landlord has failed to follow proper procedures. These procedures can be complicated which is why early expert advice is vital. For a section 8 case the judge has more discretion.

When a possession order is made it will specify the date by which the tenant must leave. If you don’t leave by that date the landlord can apply to the court for a warrant of possession. You will then get a notice from the county court bailiff telling you when you will be evicted. The eviction is carried out by the bailiff but they can ask the police to attend in order to prevent a breach of the peace. It is possible to ask the court to suspend the warrant, that is, to postpone it indefinitely, but you would have to have some good argument for the court to do that. It is important to know that the landlord cannot short-circuit this three-stage process. If, for instance, you find that the landlord has changed the locks so that you can’t get into your home, before a warrant has been executed, that is a serious criminal offence and you should contact the police immediately. Where should you get advice if faced with the risk of eviction? We are of course happy to help but the best place to start is with the housing charity Shelter. You may find the answer on their website – https:// england.shelter.org.uk/get_help. The website has a phone number but you should only use that if your situation is urgent. If you are at risk of becoming homeless you should contact the homelessness service at Epping forest District Council: homelessness@eppingforestdc.gov.uk or on 01992 564165 in office hours or 01992 564000 in an emergency out of hours.

Contacting Epping Forest Citizens Advice

Call us on our free phone 0808 278 7855. The service is available from 9.30 to 2.30, Tuesday to Thursday.` Among our services we offer free advice sessions with an expert housing law solicitor.