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Advice on Eviction

This article appeared in the Mercury newspaper on 27th January 2010.

Solicitor Brian Wrigley of Norrie Waite & Slater Solicitors answers questions on Housing Law


My landlord has threatened to evict me, what can I do?eviction advice

If your landlord wants to evict you, they have to follow a strict legal procedure. They cannot simply turn you out onto the street without following these procedures. The process involved will depend on what type of tenancy agreement you have. This is not limited only to private landlords and tenants; it also applies to Councils and Housing Associations.
In order to legally evict you your landlord has to first obtain a Court Order for possession and then a warrant for eviction. If the correct procedures are not followed the eviction may be unlawful.
If you have been threatened with eviction a specialist housing solicitor can assess your situation and try to help you to resolve the problem before you are evicted. At any stage during this process they can give you advice and also represent you in court proceedings if required.

What if I am evicted unlawfully?

Unlawful eviction is when your landlord or their agent forces you to leave the property without following the correct legal procedures. Unlawful eviction could result if:

  • You are locked out of your home or the locks have been changed
  • You are physically removed from your home
  • You are prevented from entering part of your home

If you have already been unlawfully evicted your landlord may have committed both a criminal offence and a civil offence and we may be able to help you to mount a civil claim for compensation or re-instatement into the property.

What if my landlord is using harassment tactics to drive me out?

Harassment is when your landlord or their agent interferes with your legal rights in the accommodation, including the right to quiet enjoyment. Examples of this may include:

  • Cutting off essential services such as water, electricity or gas
  • Entering your home without notice
  • Threatening to make you leave
  • Refusing to do essential repairs
  • Frequent unannounced visits, especially at night

If you are being harassed in this way contact us to speak to a specialist housing solicitor.

Can I get Legal Aid for Housing problems?

Legal Aid is available to help with housing problems and Norrie Waite and Slater are specialists in this field.

If you are not entitled to legal aid we may still be able to help you.

Click here to go back to In The Media.

Follow this link for more advice on Housing law and eviction.

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