Renting in the UK is very common. For most people, it can be the affordable way to live when property prices are increasing. But for the millions of people that are renting an apartment or house right now, not a lot are aware of their rights when it comes to this property. This can be important when scenarios play out. For example, if you are getting kicked out of your home, are you aware of the law? Do you know your rights?
If the answer is no, this is the best time to learn. This is going to prevent your landlord doing anything illegal and making your life unpleasant. So, let’s learn more about your rights as a tenant when it comes to eviction from rented property.
There are certain circumstances when a landlord is legally able to evict you from your rented home without you having a say. But when it comes to eviction, there are legal rules that your landlord must follow in order for it to be within the law. It will depend on the type of tenancy agreement you have, which route they will go down in order to evict you. If they do not follow these rules, it will be called an illegal eviction and you will be able to bring a case against them.
If you have a fixed term tenancy agreement, a landlord cannot just kick you out without a reason. In other words, you have a contract to stay in that accommodation for a certain number of years. Normally, this is at least five years. While your land lord can decide whether it is renewed, they cannot just evict you without a legal reason.
However, if you have breached one of the terms of your agreement, the landlord can end your tenancy. For example, this could include not paying your rent on time or in full or causing damage to the flat or house. These are legal reasons why they can suddenly ask you to leave despite having an agreement. Thus, you have broken the terms of that agreement and they then want to end it with immediate effect. They are allowed to do this.
At the end of the tenancy agreement, the landlord will be able to evict you without giving you a reason. This means they can choose to ask you to leave because they want to move in or they just want new tenants. You will never know the reason as they are not obliged to give it to you. They just have to make sure that they follow the rules when it comes to giving you proper notice. They can give you a section 21 notice. This means that they need to give you at least two month’s notice to leave the property. This gives you enough time to look for somewhere else to stay.
If your landlord gives you notice for eviction, try to speak to them about it. They may be willing to negotiate or listen to you and the problem does not have to be escalated. They may give you more time if this is what you need to find another place. It is always best to end things on good terms and not make problems worse by arguing.
If you still do not leave the property after your landlord has invoked section 21 notice and the time has passed, they can apply for a possession order from court. If you continue to stay at the property, it is possible for the landlord to gain a warrant of possession. This means that the bailiffs can come and force you to leave.
Every tenant enjoys the right to quiet enjoyment of their home. This means that landlords cannot harass you to leave your accommodation. It is illegal for a landlord to come to your rented home and change the locks. It is also illegal to physically throw you or your belongings out onto the street or prevent you from entering your house. The following actions are also illegal and will interfere with your right to quiet enjoyment:
If any of these actions are committed, your landlord can be taken to court for harassment under the Protection from Eviction Act 1977. These actions can contribute towards an unlawful eviction case. But they are also a separate offence.
If you feel threatened by your landlord, you can call the police. Later, you can seek legal advice to deal with your situation, whether that is harassment from your landlord or if you believe there has been an illegal eviction.