We bought a caravan after we were kicked out of our home for no reason – now we save £1,000s every month
By The Sun's consumer champion Laura Purkess
GET FREE LEGAL ADVICE
YOU can fight a no-fault eviction through the courts, and usually get free legal advice.
Seek help as soon as you’re served a notice, to give you time to build a case.
The Government’s Housing Loss Prevention Advice Service provides early legal support on housing issues.
Look for a local provider at find-legal-advice.justice.gov.uk.
The court can only void an eviction notice if it’s “invalid”, so your best bet is to prove it doesn’t meet the right criteria, advises housing charity Shelter.
For example, landlords must use Form 6A to issue a notice.
Nothing else is valid.
You must also be given two months’ notice to move out and it must be at least four months since the start of your original tenancy.
Reagan Jones, director of compliance at rental service Zero Deposit, adds: “If your landlord doesn’t apply to the courts within six months of issuing a Section 21 notice, it becomes invalid and they will need to repeat the initial process.” Unresolved issues with your home can also help your case.
Mr Jones says: “A lack of a working smoke alarm or carbon- monoxide alarm could render a Section 21 invalid, among other property-related issues.
“Your landlord may have failed to give you electrical and gas-check certificates, illegally charged you fees or evicted you following a complaint you’ve made about the property," he adds.
The security deposit on your home must be in a protected tenancy deposit scheme from when you move in.
WHAT IF MY NOTICE IS VALID?
THERE are still other ways to challenge being evicted.
Speak to your landlord and see if there’s room for negotiation, Mr Jones advises.
Most should be willing to negotiate and be flexible to give you time to find a new home.
Mr Jones adds: “If you do opt to remain in the property beyond your eviction date, you’ll be given an opportunity to voice your side of the story in the court process which can ultimately influence whether or not a possession order is granted.”
WHAT IF I GO TO COURT?
IT’S best to attend the hearing in person, Shelter advises.
The court will normally set the time and date of the hearing when they send you the paperwork — usually four to eight weeks later.
If you can’t attend, tell the court as soon as possible and give a good reason — maybe a sudden and serious health issue.