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, such as:

Not paying rent

• If you don’t pay your rent on time or at all.

Causing damage

• If you damage the home or property on purpose.

Anti-social behaviour

• If you or people visiting you cause problems like:
• Being very noisy.
• Threatening or harming others.
• Doing illegal activities in the property.

Subletting without permission

• If you rent out your home to someone else without asking.
  •  

Living elsewhere

• If you stop living in the property as your main home.

Giving false information

• If you gave wrong details 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:

Notice of seeking possession

• The local authority must give you a written notice.
• This will state their intention to seek possession of the property.

Notice period

• You will usually be given 4 weeks' notice.
• This can be longer depending on the situation.

Court action

• If you do not leave after the notice period, the local authority will need to get a court order.
• 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

Reasonable steps to ask to leave:

Section 61 of the Criminal Justice and Public Order Act 1994

Police can ask you to leave if:

• You are causing damage.
• You are being threatening or abusive.
• There are 6 or more vehicles on the land.

Notice period

• Police can tell you to leave immediately.
• Or give a short period to leave.

Penalty for not leaving

• If you do not leave, you can be arrested.
• Your vehicles can also be taken away.

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

Police can ask you to leave if:

• There is one or more people.
• With at least one vehicle with the purpose to reside.

Alternative site

• If there is a suitable alternative site police can direct you to move there.

Notice period

• You must move to the alternative site straight away or leave the district.

Penalty for not leaving

• You could be fined arrested and or vehicles could be taken away.

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Verbal or written request to leave:

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

You could receive a written or verbal request to leave if:

• There is one person and vehicle.
• With intent to reside.
• Causing significant damage or distress.

Notice period:

• Leave as soon as is practicably possible.
• Do not return within 12 months of notice

Penalty for not leaving

• Imprisonment up to 3 months.
• Vehicle impounded and/or £2500 fine.

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No warning needed:

Section 77 of the Criminal Justice and Public Order Act 1994

Local authority eviction

• The local council can ask you to leave if you are on land without permission.

Notice Period

• The council must give you a written notice to leave.

Court Order

• 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.

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 don't attend the hearing.

Penalty if unsuccessful in court or fail to leave:

• Up to £1000 fine.

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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Know your rights

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.

Get advice

• Contact a housing advice service.
• Such as Shelter, Citizens Advice Bureau.
• Or a legal aid organization to understand your rights.

Illegal 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.

Contact a solicitor

• We have a list of solicitors:
• Some are experienced with site issues and evictions.

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.