Eviction can be very traumatic and stressful, particularly where the tenant is made homeless. There are laws to ensure that any eviction is fair, even where there was no written tenancy agreement in place.
A landlord may be committing a criminal offence if he or she does not follow the proper procedure for eviction of a tenant, which may be punishable by a fine or a prison sentence. A landlord needs to give the tenant 2 months’ notice to leave the property. If the tenant does not leave the property, they have to obtain a court order for possession and may have to apply to the court bailiffs to legally evict a tenant.
It is a criminal offence if a landlord harasses or uses / threatens violence to make a tenant move out of the property.
At Chris Alexander Solicitors we can assist tenants with bringing a claim for injunction or damages against harassment
Also, where a tenant has been unlawfully evicted, we can assist in getting the appropriate remedy including damages to cover any loss of property or loss of right. In certain cases, an anti-social behaviour order (ASBO) may be appropriate.
We can also provide legal advice and assistance to landlords. Many Landlords prepare their own eviction notice, which can lead to improperly drafted legal documents resulting in unnecessary litigation if a dispute arises. It is important to ensure that landlords receive legal advice as soon as a dispute arises, so that they follow the correct procedures and comply properly with their legal responsibilities.
Should a tenant fail to leave their home by the date given in an outright possession order, we can assist a landlord in asking the court for a ‘warrant of possession.
If the court gives a warrant, the tenant be sent an eviction notice that gives a date when they must leave the home. Failure to comply with the warrant will lead to eviction by bailiffs.
Call us for legal advice if you are considering evicting an occupant or if you think that you are being unlawfully evicted.
Chris Alexander Solicitors offers Legal Aid to eligible individuals in relation to housing matters.
Legal aid can help meet the costs of legal advice and representation in a court or tribunal. You will need to show that:
- your case is eligible for legal aid
- the problem is serious
- you cannot afford to pay for legal costs
You could for example get legal aid if .
- you or your family are at risk of abuse or serious harm, for example domestic violence or forced marriage
- you are at risk of homelessness or losing your home
For further advice and information and on funding your matter, contact us on 02085944469 or email address email@example.com.