Increase in number of tenants complaints of illegal evictions

The number of people seeking help from Citizens Advice in dealing with illegal evictions has increased over 45% from last year. This is a large increase in complaints, but it more than likely only a portion of the true number as many tenants will not seek assistance. It is estimated that for every one person that seeks help, another 10 do not complain and either leave the home or pay incorrect fees to the landlord.

The number is also understated due to the rush to buy. There are landlords that may have just been letting a room or so in their home, and they are now illegally evicting those tenants before the stamp duty surcharge goes into effect later this year. Or the person bought a new home and is letting out their old one, and now they are evicting those renters. These two reasons could also be causing an increase in illegal evictions. Citizens Advice is aware of a 45% increase so far in 2016, but the actual number is bound to be much higher, but just impossible to estimate.

Landlords, many of whom are considered to be “rogue” as they have a past history of breaking the law, are doing what they can to force renters from the home. They may be changing the locks or seizing possessions such as furniture. Other property owners may be making the living conditions difficult for the tenant by being noisy, not repairing the home in a timely manner, or doing other such things. The things being done by the landlords is wide ranging.

According to Citizens Advice landlords are often not following the contract or tenancy agreement in place (if there is one). They instead are making up their own terms when it comes to evicting the family or individual in the home. So not only are they maybe changing the locks, but a property owner is also making up rules on the fly.

Many tenants being illegally evicted in 2016 are also refugees, immigrants, or living in poverty. These individuals make up about one half of the 45% of people turning to Citizens Advice. These families also do not know the rights they have, so a recap is as follows.

Tenants do have rights available to them. The landlord needs to serve them a formal notice after this miss the required housing payments. Citizens Advice says many of the people threatened with illegal evictions in 2016 have missed only one payment. This is often not enough of an arrears to cause an eviction, but always check your agreement. There are also schemes in the UK that can help them with paying rent, and families on a low income should apply to them.

If the rent arrears is still not paid (and after notice has been given to the renter), then the landlord needs to get a possession order from the court. If that is approved, a bailiffs warrant is then needed. All of this needs to be given to the tenant as proof, and they have the ability to contest it.

Landlords do not have the legal right to just change a lock. They need to follow the court process. If they do not, then free legal advice can be provided to the tenant. There are many lawyers that offer this service. So always be sure to check with Citizens Advice or a lawyer when threatened with an eviction.