Rights and Tenant Eviction

As a tenant there is always the possibility that you might be evicted from your rental property. Although for most tenants this problem never arises, it is still advisable to know your rights as a tenant regarding eviction. If you are threatened with eviction then knowing your rights will help you to find the least painful solution to the situation, and may even help you avoid eviction. Want to know more? Well, here are some tips on your rights as a tenant should you be facing eviction, and how to make the most of these rights to bring about a speedy and amicable solution.

Are You a Tenant?

You might be living in a property you don’t own, but that doesn’t mean you are a tenant. There are a variety of possible living arrangements for those who don’t live in their own property. However, you are usually considered a tenant if:

• You pay rent
• You have exclusive use of one room
• You can stop other people, including the landlord, from entering your home.

If you are a lodger or have a casual agreement with someone, then you might not have the same rights as a regular tenant. You need to make sure that you are indeed a tenant before you can look at your rights regarding eviction.

Receiving Notice

If you are a tenant, then unless otherwise told by the landlord you will be on a shorthold tenancy agreement. This means that once an agreement is signed, you cannot be evicted without a good reason within the first 6 months of your tenancy. Even if a shorter fixed period has been agreed, you will not be subject to eviction unless you break the rules of the tenancy agreement. Even after this time, the landlord must give you 2 months’ notice about moving out of the property, unless otherwise agreed by both parties before the tenancy starts.

Also, if a landlord wants to visit the property they have to give you 24 hours’ notice before they can enter. Although the property is legally theirs, as a tenant you have the right to live your life peacefully and without disturbance.

Being Evicted

After the initial 6-month period, if no longer fixed-term has been agreed then a landlord can give you notice and evict you at any time for no reason. However, if they fail to give proper notice or try to evict you during a fixed contract, there must be a reason for their actions. This will usually be due to a failure to pay rent or damage to the property.

However, even if you are in rent arrears a landlord has to serve the proper papers and follow certain procedures to evict you. The landlord has to first serve you notice of your eviction and then apply to the courts for a possession order. Not until a possession order has been granted can a landlord actually evict you, and even then if you refuse to leave they cannot physically evict you themselves. They will need to get the bailiffs to remove you from the property.

Illegal Eviction and Harassment

It is important you know your tenant eviction rights so that you are not illegally forced out of the property. If any of the following things happen to you then you should report your landlord to the police immediately, and record the details of the events for evidence:

• Cutting off your water, gas or electricity
• Using threatening behaviour to make you leave
• Trying to make you sign an agreement that takes away your legal rights
• Interfering with your possessions
• Moving into part of your home
• Physically throwing you out of your home
• Changing the locks
• Stopping you from getting into part of your home

If a landlord tries to evict you illegally or is harassing you, then you might be able to get an injunction against them. This will prevent them threatening you and allow you to remain in the property.

Although eviction isn’t a problem for all tenants, knowing your rights as a tenant is important so that you know what a landlord can and cannot do. Knowing your tenant rights will enable you to make sure you are treated fairly and that you aren’t evicted illegally. If you want to avoid eviction problems and solve landlord disputes quickly then make sure you know your tenant eviction rights.