Evictions

Notices for different tenancies

Try to find out what tenancy agreement you have and what section you are been given:

 

Assured Shorthold Tenancy (AST)

• Section 21 notice:
  • Your landlord can evict you without a reason
    • They must give you at least 2 months' notice.
• Section 8 notice:
  • Your landlord must give a specific reason, such as unpaid rent.
    • The notice period can vary.

Assured Tenancy

• Notice to quit:
  • Your landlord must give a valid reason
    • As well as a proper notice period.

Excluded Tenancy or License (Lodgers)

• Reasonable notice:
  • Usually the same as the rent payment period.
  • E.g., weekly notice for weekly rent.

Why am I being evicted?

This is usually because you have broken the tenancy agreement because of:

• Not paying rent on time or at all
• Damaging the home or property on purpose.
• Anti-social behaviour like:
  • Being very noisy.
  • Threatening or harming others.
  • Doing illegal activities in the property.
• Subletting without permission.
  • This means renting out your home to someone else without asking.
• Living somewhere else.
• Gave false information when applying for the home

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Stages of eviction

These are the steps that the council or housing association will usually take to evict you:

 

Written notice

• They must provide a written notice.
• This will state their reasons for gaining possession of the property.
• You will usually be given 4 weeks' notice.
• This can be longer depending on the situation.

Court action

• The council will need to get a court order if you don't leave when they ask.
• You will receive a letter about the court date.

Court hearing

• Attend the court hearing.
• You can explain your situation to the judge.
• The judge will decide if you can stay or if you need to leave.

Eviction date

• If the court grants an eviction order, you will be given a date to leave.
• Bailiffs may come to remove you if you do not leave by this date.

Here are the types of evictions you can be served on public land

Section 61 of the Criminal Justice and Public Order Act 1994

What does it mean and what you have to do:

• You are causing damage.
• You are being threatening or abusive.
• There are 6 or more vehicles on the land.
• Police can tell you to leave immediately.
  • Or give a short period to leave.
• If you do not leave, you can be arrested.
  • Your vehicles can also be taken away.

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Section 62A of the Criminal Justice and Public Order Act 1994

What does it mean and what you have to do:

• There is one or more people.
• With at least one vehicle with the purpose to reside.
• If there is a suitable alternative site police can direct you to move there.
• You must move to the alternative site straight away or leave the district.
• You could be fined arrested and or vehicles could be taken away.

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Section 60C of the Criminal Justice and Public Order Act 1994

What does it mean and what you have to do:

• There is one person and vehicle.
• With intent to reside.
• Causing or likely to cause significant damage or distress.
• You will need to leave as soon as is practicably possible.
• Do not return within 12 months of notice
• You could be imprisoned up to 3 months.
• Your vehicle could be impounded and/or you could get a £2,500 fine.

This is a part of the 2022 Police, Crime, Sentencing and Courts Act.

• This has given the police more powers to move people living on land without consent.
• It has made unauthorised encampments and 'trespassing' a criminal rather than civil offence.
• This is if you do not move off the land after being asked to leave
• A notice can be given orally or in writing and you will need to leave by the deadline.
• It can be given by the police or the owner of the land.
• If you don't levae the police can arrest you and impound your vehicle.
• They will not need a notice from court, but it will have to confirmed by a court.

See our article on the lawfulness of the new Police Act.

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Section 77 of the Criminal Justice and Public Order Act 1994

What does it mean and what you have to do:

• There is one person and vehicle.
• With intent to reside.
• The local council can ask you to leave if you are on land without permission.
• The council must give you a written notice to leave.
• If you do not leave, the council can go to court to get an order to move you.

Health and welfare check

• The council must perform a health and welfare check:
  • To check if you have any health needs that are stopping you from leaving.
• They may put a letter on your vehicle asking you to ring the council to let them know.
  • They may not come and visit you.

Negotiation

• You may be able to negotiate with the council to have more time if:
  • Your vehicle is broken down.
  • You or someone else is very ill or physically cannot move.

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Section 78 of the Criminal Justice and Public Order Act 1994

Magistrates court notice

• Will receive a court notice if you fail to leave as soon as practical
  • Or return within 3 months of notice.
• You will get a court date
  • You can defend yourself.
  • You could argue that the council did not perform a health and welfare check.
  • You can also leave the land and not attend the hearing.
• Up to £1000 fine if unsuccessful in court or fail to leave.

What can happen if you don't have planning permission

• Enforcement action
  • Without planning permission:
  • The Local Planning Authority can take action against you.
  • Even if you own the land.
• Legal consequences
  • If you don't respond to an injunction:
  • You could be taken to court.
• Planning permission
  • You need approval from the council to use land for a site.
  • You need a site licence to legally run a caravan site.
• How to apply
  • See here for how to apply for planning permission.

Try not to panic

• Stay calm and assess the situation.
• Read the eviction notice carefully
• Understand why you are being evicted.
• Check what the deadlines are.
• Ask why you are being evicted
  • And if there is anything you can do to stay.
  • Landlords may give you more time.

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Find out about the land

What type of land is it?

• Private land.
• Public land.
• Highway.

Who owns the land and who is evicting you?

• A private landowner.
• The local authority.
• The police.
• A planning authority.

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Find out which laws are being used

Private land:

• Section 21.
• Section 8.

Public land:

• Section 61.
• Section 62A.
• Section 60C.
• Section 77.
• Section 78.

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Get advice

• Contact a housing advice service.
  • Such as Shelter, Citizens Advice Bureau.
  • Or a legal aid organization to understand your rights.
• Contact a solicitor.
  • We have a list of solicitors.
  • Some are experienced with site issues and evictions.
• If you think your eviction is illegal:
  • You can get legal help to challenge it.
• Don't wait too long.
  • There might not be any more time to help.

Community Law Partnership

• Service: Parminder Sanghera offers advice to Gypsies and Travellers.
• Phone: 0121 685 8595.

Shelter

• Phone: 0808 800 4444.
• Webchat: https://england.shelter.org.uk/get_help/webchat.

• • Open Monday to Friday.
  • 8.00am to 6.00pm.
  • Closed Bank Holidays.