Without question, facing eviction for rent arrears is a difficult circumstance. Because of this, it’s crucial that you comprehend how this method operates. So, stay tuned as we uncover the details.
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Can a Landlord Evict You for Rent Arrears?
Yes, however, this process isn’t straightforward. It all starts with what’s called a Section 8 notice.
- Private Landlord and Rent Arrears: If you’re facing rent arrears with a private landlord, they can evict you. In this scenario, your landlord must give you a two-week notice. If you don’t leave within this period, they’ll need to approach the court. However, the landlord must prove your rent arrears.
- Council Property and Rent Arrears: Eviction from council housing due to rent arrears alone requires a four-week notice. But, if you’re involved in anti-social behaviour, things could speed up. However, timely responses to council notices can positively affect your chances of staying.
Before any eviction, a written notice is mandatory. If you ignore it, the landlord will have to step into court for a possession order. Interestingly, your deposit must be in a government-backed tenancy deposit scheme (DPS) before eviction kicks off.
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How Many Months Rent Arrears Before Eviction?
It’s typically after two months or eight weeks of missed payments. This is the threshold where eviction becomes a real possibility.
- The Timeline of Eviction: Rent is paid monthly and in advance, so the critical point is one month and one day after missing the second payment. That’s when the official eviction process could begin.
- The Notice for Possession: Landlords have their hands tied until this point. They can’t issue a notice to seek possession before then.
What Happens When a Landlord Tries to Evict a Tenant?
Expect to receive a section 8 notice if you’re facing rent arrears. This is your first alert. This document officially starts the eviction process. In order to avoid removal from the property, you might be able to agree on a repayment plan.
Furthermore, depending on certain factors, you will be entitled to a minimum notice period. This includes:
- If you have unpaid rent with a private landlord or not
- The type of tenancy agreement you have
For example, in situations where the fixed term has come to an end, or you never had one, the landlord can issue you with a section 21 notice. This requires a two month warning period.
Consulting with debt charities such as Citizens Advice or StepChange is wise. Keep in mind that even though moving is an option, you are not required to do so. The owner may still file an action in court to get the money back if you leave yet still owe them.
If you decide not to leave after receiving a notice to seek possession, the owner will have to request the court to give them permission to repossess.
In this case, you will receive a claim form as well as a defence form. You should complete the defence form within 14 days and send it back. Thereafter, expect to receive a reply with a notice of review informing of the review date. This is when the court will decide if they should move forward with a possession hearing.
At this stage, the landlord requests a possession order from the judge. This is an order that requests you to leave by a particular date. There are several types of possession orders. This includes:
- Outright Possession Order: You must leave by a specified date.
- Postponed or Suspended Possession Order: Here, you can stay, but under specific conditions. Failing to meet these conditions could lead to eviction.
After the Possession Order, if you’re still in the property past the deadline, the landlord seeks a Warrant of Possession. This is a serious step.
With this warrant, the owner can use bailiffs to enforce eviction. However, there is a way to get this warrant suspended or set aside. But in order to do this, you should provide a good reason and convince the judge.
The final step is where you receive the eviction notice:
- The notice will state when the bailiffs will come. They might use a locksmith to enter.
- If bailiffs are involved, their fees, along with any legal costs, might be added to your rent arrears.
Each step of this process offers different rights and options. Understanding these can significantly impact your ability to handle potential eviction.
What you can do once the warrant is issued
In a situation like this, it is possible to get it suspended or set aside. If the judge agrees, this means that the owner cannot force you to leave.
In order to do this, you should first apply for the warrant to be suspended. Make sure to do this before the eviction takes place. For example, if your landlord got a suspended possession or postponed order, it’s crucial to explain the reason why you were unable to stick to the agreed arrangement.
You should also mention what you will do in the future to ensure that you strictly adhere to it. Also, stating that you will be made homeless is not a valid reason.
It is preferable to apply to the court if you have a valid reason, even if it falls on the day you are expected to leave.
However, keep in mind that a fee will be charged. This is not the case if you have a low income or you claim certain benefits. Before applying for one, getting some advice from an expert or debt charity will be very helpful.
Once the court decides to set aside it, it will be as if it was never issued. You have the right to apply for one either before or after you’ve left.
However, there are only a few instances where a court will decide to do this. Some of these include:
- A notice of eviction was not issued
- The warrant was issued wrongly before the date on the possession order
- The owner deliberately provided incorrect information to the court or didn’t give them information they knew about. For example, about your Universal Credit or Housing benefit.
Getting Out of Overdue Payments
Negotiating an affordable repayment plan with the owner is the best way to do this. You can set up the payment plan to fit your financial circumstances. But remember not to accept anything that you are unable to afford.
How Far Back Can Rent Arrears Be Claimed?
The owner can chase you for a period of six years for unpaid payments. This starts from the first day of the missed payment. Not from the date you left the property. If they manage to get a CCJ forcing you to pay, an additional six years will be added in order to enforce it. This includes various methods such as bailiffs.
Can I Still Move If I Have Rent Arrears?
You might be rejected if you want to move to housing associations or council houses with unpaid dues. You will also find it difficult to get a good reference for a new place if you have overdue payments. However, if you still owe the owners even after you move out, they will continue to chase you until the money is recovered.
This is why communication is crucial in situations like this. Ignoring will only result in legal action. If you were asked to leave because of overdue payments, consider seeking emergency accommodation from organisations such as Shelter or your local council.
Additional Advice
If you’re struggling with debt, consider taking up a debt solution. Some of these include:
However, note that while the right debt solution will help you to write off debt, choosing the wrong one will be expensive. So, feel free to reach out to a debt charity for some advice. Alternatively, fill out our online form, and our MoneyAdvisor team will guide you.
Key Points
- The section 8 Notice Initiation marks the start of the eviction process for rent arrears. The type of notice varies (Section 8 or Section 21) based on the tenancy agreement.
- Before responding to the notice, it’s critical to seek advice from organisations like Citizens Advice. There is also the potential to negotiate with the landlord.
- If staying past the notice period, legal action begins. Thus, it’s important to respond to legal documents within 14 days.
- A possession order at court is where the landlord requests a possession order from a judge. Different types of it include outright, postponed, or suspended.
- A warrant of possession is issued if the tenant remains past the possession order deadline. In this case, the landlord can use bailiffs for eviction.
- The final eviction notice specifies the bailiffs’ arrival. Thus, there is potential use of force, like a locksmith, to enter the property.
- Legal fees may be added to existing rent arrears when bailiffs get involved.
- Proactive measures can influence housing stability.
FAQs
Section 8 Notice is a legal document a landlord issues to a tenant to start the eviction process, typically due to rent arrears or breach of tenancy terms.
Yes, you can try to negotiate a repayment plan or other arrangements with your landlord to avoid eviction.
You should respond to these documents, usually a claim form and a defence form, within the specified 14-day period.
During this hearing, the landlord requests a possession order from the court, which can be outright, postponed, or suspended, depending on the circumstances.
A Warrant of Possession is issued by the court, allowing the landlord to use bailiffs to enforce eviction if the tenant remains in the property past the possession order deadline.
Yes, bailiffs can use reasonable force, such as hiring a locksmith, to enter the property and carry out the eviction.
If bailiffs are used, their fees, along with any legal costs, may be added to the tenant’s rent arrears, increasing the financial burden.
Yes, the eviction process and tenant rights can vary depending on whether you rent from a private landlord or a council.
Seeking early advice, communicating with your landlord, and possibly arranging a repayment plan are proactive steps to avoid eviction.
A Section 21 Notice is typically used for no-fault evictions and requires at least a two-month notice period, whereas a Section 8 Notice is used for evictions due to breaches like rent arrears.
