What to do if you’re worried that you could be evicted

The fear of being evicted can be a really worrying time for people as often they are unsure what to do and who to turn to for help. Within the borough of Medway, there are lots of charities and council organisations that are of assistance to you. Read on to find out information about eviction rights and different places to turn to for help.

Eviction

If you are renting, your contract should state conditions on which you have a right to stay in your property and which your landlord has the right to evict you. Often this will depend on the state of your tenancy. For example, if you are renting a room in your landlord’s home, they are allowed to evict you without verbal notice or court order.

However, if you have a secure tenancy, you can only be evicted if:

you’ve been given reasonable notice
you’ve been served with a legal written notice
a court possession order has been given
a bailiff’s warrant has been given by court bailiffs to enforce the possession order

If you have been given an eviction notice and are unsure of what to do next, you can seek advice from a number of organisations such as Medway Council or Citizens Advice Medway.

Advice from the Council

If your landlord wants you to leave the property for a reason other than rent arrears or the way you have conducted the tenancy, the Council may be able to assist you with finding alternative accommodation. However, if you are being evicted for some reason to do with the way you have conducted the tenancy, you may be found intentionally homeless and the Council will only be able to offer advice.

If the former applies to you, your landlord will need to serve you with the correct Notice which you should bring down to the Council offices as soon as possible to discuss what your options are. The Notice must be in writing and give you at least two months notice to vacate the property. If you do not have anywhere to go your Landlord cannot make you leave the property without a court order giving them possession of the property.

Your Landlord may give you notice to end the tenancy before the end of the contract if you fail to pay the rent, damage the property or behave in an antisocial way. If you receive a Section 8 Notice informing you that the Landlord intends to take you to court for possession, you should seek legal advice as soon as possible as you may be able to negotiate with the Landlord.

Do not ignore this notice as you may lose your home and the Council may find you intentionally homeless.

Advice from Citizens Advice Medway

Citizens Advice Medway is one of over three hundred Citizens Advice centres throughout England and Wales. We operate from the Kingsley House in Gillingham. The centre is an equal opportunity organisation staffed by dozens of volunteers and about a dozen paid staff. We offer free, independent, and confidential advice to the residents of Medway.

The Legal Aid Agency (LAA) Housing project is Citizens Advice Medway's free service that advises Medway residents about extreme housing problems. Our housing team is funded by the Legal Aid Agency, meaning our LAA Housing Project Workers can help with enquiries that fall under the scope of Legal Aid, and if you meet the financial eligibility for Legal Aid.

As well as offering advice, our LAA Housing team will attend the county courts of Maidstone, Basildon, Medway, Dartford and Tunbridge Wells on the day’s repossession hearings are held. They can advise eligible people about their cases and attend court with them, but can’t aid those who have actual hearings booked.

In summary

We understand that the threat of eviction is a very concerning time and not knowing what your rights are, where to turn to for help and what to do only adds to this stress.

If you are concerned about any of the things mentioned in this article or wish to seek advice, please contact us on: 01634 383760