Am I going to be evicted?
If you are occupying your home under an occupation contract, your landlord must follow certain steps to evict you. The required steps depend on the reason behind the eviction.
Your landlord can evict you for a number of reasons, such as;<
- Serious rental arrears;
- Anti-social behaviour;
- Breach of occupation contract.
Your landlord’s options in evicting you depend on the kind of occupation contract you have.
What are my rights on eviction?
Your landlord cannot evict you during the term of a fixed term occupation contract unless you have breached the contract, or your contract has a break clause.
But, once the fixed term has expired or if you have a periodic occupation contract, then your landlord does not have to give a reason for evicting you. But they must follow certain rules in all situations.
There are also secure occupation contracts which have different termination provisions, and can include succession rights.
It's a crime for a landlord to harass tenants or force them out of a property without following the right series of steps.
Harassment can be anything that makes tenants feel intimidated, unsafe or forces them to leave. It includes:
- turning off gas or electricity
- withholding keys
- refusing to carry out repairs
- deliberate anti-social behaviour by a landlord or someone on their behalf
- threats or physical violence.
A landlord can be guilty of illegal eviction if they:
- don't give the correct notice to leave the property
- change the locks
- evict without a court order.
Typically, landlords can end a tenancy and evict tenants in two ways. One is with a Section 173 / 186 (no fault) Notice. The other is with a Section 181 / 188 (breach) Notice.
Termination of occupation contracts – breach of contract / anti social behaviour etc (section 181/188 Notice)
Landlords can issue a possession notice to contract holders to recover possession of the home when the contract holder:
- is in breach of the contract
- in rental arrears
- has breached the anti-social behaviour clause. This is now a fundamental term in all occupation contracts.
You should check the requirements in your occupation contract. Make sure your landlord has provided you with the correct length of notice. You should also check if the breach outlined in the notice is true.
If you are having trouble paying your rent or are about to go into arrears, talk to your landlord. You might be able to agree to pay lower rent for a while. Although your landlord does not have to accept this.
Termination of occupation contracts – general (section 173 / 186)
Landlords can provide contract-holders with notice to terminate a periodic standard occupation contract (or a fixed term contract that has become periodic at due to expiry). In this instance, landlords must provide you with at least six months’ notice. Landlords cannot give such notice within the first six months of occupation.
Fighting your case
If you think you should be allowed to stay in your home, you can fight your case. But this might be expensive. Make sure you have a good case and get good advice. If you can’t afford to pay for legal advice, you could check if you can get legal aid at GOV.UK
Check if you can get legal aid.
You could also contact a Law Centre for help with your case.
Bailiffs
If you don't leave the property by the date given, your landlord can apply for bailiffs to evict you.
Only court bailiffs can evict you from your home. They will be County Court bailiffs or High Court enforcement officers.
The bailiffs must give you at least seven days' notice before their first visit.
There are rules bailiffs must follow. This includes the times of day they can visit, and what happens if children are in the home when they visit.
They can only take your belongings to gather the debt. They can't take anything that belongs to someone else.
They can't take anything you need to live, such as a fridge or cooker.
Find out more about your rights when bailiffs call from GOV.UK
More help
The law around evictions in Wales has changed a lot during the last 18 months.
For help, visit Shelter Cymru or Citizens Advice, or find out more about your rights at GOV.UK.