Staying in your home
This page offers advice about action you can take to help prevent eviction. If your landlord has asked you to leave, talk to an adviser immediately. They may be able to suggest ways in which you can delay or prevent the eviction so that you can continue to stay in your home. They can also help you deal with court papers, and may be able to represent you in court.
Eviction because of rent arrearrs
Paying your rent should be your top priority.
If you fall into rent arrears you are at risk of being evicted, so it is best to get advice as soon as possible.
If your arrears are because of delays in your housing benefit, you should let your landlord know. Make sure you have handed in all the information the council needs, and keep a note of any contact you have if you are trying to chase the housing benefit department.
If you are not expecting housing benefit 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) does 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 from our free resources.
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 0345 075 5005.