Preventing eviction

If your landlord has asked you to leave, get advice as soon as you can. With the right advice you might be able to prevent the eviction so that you can continue to stay in your home, or delay things to give you more time to find somewhere else. An adviser can deal with court papers, and may be able to represent you in court.

Eviction because of rent arrears

Paying your rent should be your top priority. If you fall into rent arrears you are at risk of being evicted.

If you have rent arrears you may be eligible for the Breathing space scheme which gives you time to get some specialist debt advice without having to worry about legal action being taken against you.

If your arrears are because of delays in your housing benefit or universal credit claim, you should let your landlord know. Make sure you have given all the information the council or Jobcentre needs to process your claim, and keep a note of any contact you have if you are trying to chase things up.

If you are not expecting housing benefit or universal credit to cover the rent arrears, you should make an arrangement to clear the arrears. Make sure that this is affordable and that you can keep to the arrangement. If you can prove that you can stick to the arrangement, you are far less likely to be evicted.

If your housing benefit or universal credit housing costs do not cover all of your rent, you can apply for a discretionary housing payment from the council.

Find out more about rent arrears.

Eviction because of anti-social behaviour

Your landlord may want to evict you because they believe that you, or someone living with you or visiting you, has been acting in an antisocial way or has been disturbing, upsetting, annoying or harassing neighbours.

Talk to your landlord. Perhaps your neighbours have been complaining unreasonably about your behaviour. Or perhaps you could go to mediation to sort out your problems.

If you admit that there has been anti-social behaviour, you should do everything you can to make sure it stops. You will want to show your landlord and, if your case goes to court, the judge, that the problems have stopped.

If you, or a member of your household have been convicted of anti-social behaviour in the courts, your landlord can use this as a ground to evict you and the court must make an order for possession if the ground is proven. This could apply, for example, if:

  • you have been convicted of a serious offence
  • you have breached an anti-social behaviour injunction or a criminal behaviour order
  • you have breached an order in respect of serious noise nuisance.

If your landlord is a council and decides to try and evict you using this ground, they must inform you in writing that you have a right to request a review of their decision. If you want help to ask for a review, seek advice in your local area. Assured tenants (most housing association and private tenants) do not have the right to ask for a review.

Eviction because of neglecting or damaging the property

Your landlord may want to evict you because you haven’t been taking good care of the property.

If you are having difficulty looking after the property because of health reasons, you should explain this to your landlord. They may be able to put you in touch with someone who can help you look after the property. Or you can contact the council’s social services department, which may be able to carry out a ‘needs assessment‘ and arrange for you to get some help.

If you have damaged the property, you could repair the damage or offer to pay for the repairs. Only try repairing something yourself if you know what you are doing. If you make the damage worse you will only annoy your landlord even more.

If you have just neglected the issues, this could be the prompt that you need. Get it sorted and prove that you can keep the place in good condition.

Eviction if you’ve been away from your home

Talk to your landlord. If you have been away from your home but still want to come back to live there, you should explain this to your landlord. You should have a good reason for being away for so long, such as looking after a sick relative or working away from home for a short time.

If you are living in your home, you may be able to prove this by showing your utility bills, such as gas or electricity.

Eviction by your partner

If you are living with a partner, civil partner or spouse, they may try to evict you from your home if you split up. However, they may not have the right to do this and you may be able to prevent this from happening. The section on relationship breakdown explains your rights.

If you have to leave

If there is nothing you can do to stop yourself being evicted, you will have to look for somewhere else to live. Have a look at our Finding a place to live pages which will help you think about your options. You can also download our accommodation options chart.

If you are about to become homeless, you might be able to get help from the council. The council has a legal duty to provide advice and assistance to people who are threatened with homelessness.  Click here for more information on how the council can help you if you are threatened with homelessness.

We are sorry that we cannot provide this information in Welsh, however if you would like to speak to an adviser in Welsh please contact 08000 495 495.

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This page was last updated on: Rhagfyr 19, 2022

Shelter Cymru acknowledges the support of Shelter in allowing us to adapt their content. The information contained on this site is updated and maintained by Shelter Cymru and only gives general guidance on the law in Wales. It should not be regarded or relied upon as a complete or authoritative statement of the law.