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My landlord is trying to evict me - here's what you must do

If your landlord tries to evict you or threatens to evict you without taking you to court and obtaining a possession notice first then you should go and see your housing department at your local authority and a solicitor where your council may even consider bringing a prosecution against the landlord.

You should also see a solicitor, who will assist you in bringing a claim for compensation, and if you want, get a court injunction to allow you to move back into the property.

Its important to know that before any court proceedings can start your landlord needs to have served the appropriate notice on you. There are several types of notice and each may have different forms. The landlord has to use the correct one and give all the required information otherwise it will be invalid. If you have a notice served on you check out our notices section for further information and then seek legal advice.

The court will only issue a possession notice after the landlord has filed the appropriate papers and the courts have decided that they are valid and there are grounds for possession. With any orders its important you contact a solicitor and your local councils Homelessness Officer at the earliest opportunity. Take any notices or summons with you. If you have children or are currently pregnant or disabled or are elderly the council has a probable duty to find you a new home.

If you receive a summons for possession, do not ignore it and again, take further legal advice immediately. Your solicitor may be able to show a defence to the summons if you did not receive the proper notice as declared by the landlord in the claim or in the case of possession due to rent arrears if you can argue that the landlord did not follow the proper procedure if your rent was increased or that even the rent arrears claimed is more than you say it is or that the arrears was less than two months at the time of the hearing. If you can show the Judge that you can pay off the rent arrears you will have a much better chance of being able to stay in the property. Finally if property was in a poor state of repair mention that also. If the claim is based on items other than rent arrears then you may be able to defend your case if you can prove the claims are untrue.

Finally if you want to be re-housed by your local council do not move out of the property.



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