Five FAQs on eviction


Can I remove any tenant from my property with an eviction order?

This will depend on whether your tenants have an assured or regulated tenancy. The differences are subtle, but do give your tenants a number of rights that you must respect. Your property solicitor will be able to help you make your application to the court for the eviction order you will need to evict the tenants. The order must show that you have ‘grounds for possession’ of your property.

How do I know if my landlord is harassing me to leave the property I am renting?

It is illegal for your landlord to harass you in order to force you to leave your property. This form of eviction would be harassment if for instance your landlord turned off your basic utilities. If your landlord threatens you with violence or refuses to carry out essential repairs, this is also harassment. Contact a property solicitor for advice about how you can fight this type of eviction.

Could I sue my landlord under the Protection from Eviction Act 1977?

This could be possible, but you must approach this type of legal action carefully. Consult with a property lawyer first and outline the grounds you would use for your case. If you have evidence and documentary proof of the accusations you are making against your landlord, your property solicitor should be able to prevent your eviction.

Can a housing association evict me from my home?

The type of tenancy you have will impact on your housing association’s ability to evict you. Check whether you have an assured tenancy or a shorthold tenancy, as this can affect how your housing association would need to approach your eviction. If you are being evicted, consult with a property lawyer as soon as possible, as the law does give you rights that must be upheld.

How can a solicitor help me avoid eviction?

In most cases your landlord can’t simply evict you from your home without good reason. In addition, a court order will usually be needed before you would have to leave. If you are being evicted, contact a property solicitor as soon as possible and outline your case. Your solicitor can then advise on your legal situation.

If you would like to obtain legal advice on eviction, Caven can put you in touch with a local property solicitor free of charge. So, if you have any questions or would like our help in finding local property solicitors please call us on 08001 221 2299 or complete the web-form above.

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