Evictions
Evictions have to follow the correct legal process. How this process looks and what your rights are will depend on the type of tenancy you have. The majority of private rental tenants have assured periodic tenancies, which generally must follow the following eviction process:
- Written notice - to start the eviction process, the landlord must provide their tenant with valid, written notice that they are seeking possession. This provides a timescale for the tenant to sort their affairs and find alternative accommodation. Written notice will be in the form of a Section 8 notice (Form 3A (external link)). A specific reason (or ground) will need to be provided for bringing the tenancy to an end, such as:
Mandatory Grounds:
Rent arrears of 3 or more months
Anti-social behaviour
Landlord wishes to sell or occupy the property.
Discretionary Grounds:
Persistent rent arrears
Breach of tenancy
Deterioration of property through tenant damage or neglect
Tenant is perpetrator of domestic violence (this can be used if the affected partner has already left)
False statements provided.
- Possession order - if a notice period comes to an end and a tenant has not vacated, the landlord must apply for an order of possession from the courts. Until such an order is granted, the tenant cannot be made to leave the property
- Warrant for possession - if the tenant still does not leave leave (by the date specified in the possession order) a landlord may apply for a warrant of possession. If obtained this allows the landlord to use bailiffs to remove the tenant from the property
- Writ of possession - a landlord may wish to apply to transfer the warrant of possession from the jurisdiction of the County Court to the High Court by obtaining a writ of possession. This means a High Court Enforcement Officer (HCEO) can now be used to evict the tenant, which usually leads to a faster eviction.
Please note: If a tenant stays at the property past the end date of their eviction notice and the landlord has to go to court to obtain a possession order, the court may make the tenant liable for some or all of the landlord's costs. Tenants should seek advice about potential liability for costs if they are planning to stay in their home until they are evicted by way of possession order or warrant.
How to get support if you are being evicted
The moment you receive notice that your landlord is seeking possession against you, help is available from the Housing Loss Prevention Advice Service (HLPAS). Through the HLPAS, a housing solicitor funded by the government can help you prevent the loss of your home.
Additionally, if you have been served an eviction notice or are undergoing an eviction, you can get help and independent housing advice from:
Harassment and illegal eviction
What is landlord harassment?
It is illegal for your landlord to harass you or force you to leave your home. A landlord or agent who does so may be liable for prosecution, which could result in a prison sentence or a fine, along with civil damages.
Harassment can be any action your landlord or agent takes to deliberately disrupt your life or make you leave your property. Examples of this can include:
- Threats, abuse or physical violence
- Entering your home without permission or sending builders in without notice or at anti-social hours
- Withholding or restricting services such as access to hot water or heating
- Preventing access or withholding keys
- Anti-social behaviour from the landlord’s agent
- Failure to carry out repairs, or non-completion of repairs
- Forcing the occupier(s) to sign agreements which take away their legal rights
- Opening your post or removing your belongings
- Abusing you because of your gender, race, sexuality, religion, or disability.
What is an illegal eviction?
Any action which stops a tenant accessing all or part of the property, without first following the correct legal steps, is an unlawful eviction. Examples of this can include:
- Changing the locks
- Forcing you to leave by threatening or harassing you
- Using physical violence to remove you from the property
- Stopping you from accessing certain parts of the property
- Forcing you to leave your home because the harassment is so severe (see above).
What can you do?
- Keep records of all dealings and disputes with your landlord or agent. Tell them to put all communications with you in writing and do the same yourself. Keep copies
- Get further advice from Shelter (external link) or Citizens Advice (external link)
- Contact a legal professional to apply for a civil injunction (a court order to tell your landlord to stop their actions) and/or compensation. Depending on your income, you may qualify for legal aid
- Report the landlord to Wigan Council - see below
- Report your landlord to the police if they make you feel unsafe in your home, threaten you with violence or are violent towards you. You can make a call to the police on 101 or 999 in an emergency if you feel threatened
- If you have been unlawfully evicted, you may be able to apply for a rent repayment order, which will require the landlord to repay rent that they have received. For further information see our Rent Repayment Orders page.
What can we do?
If you have reported the harassment and/or illegal eviction to us using our online form below, there are a number of ways we can assist you:
What we can and cannot do
| What we CAN do | What we CANNOT do |
|---|
| Offer general advice and help to the tenant about evictions and harassment |
Give the tenant personal legal advice or representation |
| Speak to the landlord on the tenant’s behalf to try and resolve the issue amicably |
Take formal enforcement action against a landlord without substantial and sufficient evidence |
| Liaise, with the tenant’s permission, with external agencies to help resolve the issue |
Arrest or detain a landlord |
| If evidence is robust and irrefutable, and it is in the public interest to do so, we may take enforcement action against the landlord; this could include issuing a civil penalty (fine) or taking prosecution action through the courts. If we take formal enforcement action, you will be required to provide substantial evidence, including a witness statement, and may have to give testimony in court. |
|
| If you have been left homeless by an illegal eviction, we may have a statutory duty to temporarily provide housing for you - see homelessness. |
|
How do I report harassment or an illegal eviction?
To report harassment or an illegal eviction to Wigan Council, or to get some advice about your circumstances, you can:
Once we receive your report, this will be assessed by a member of our Tenancy Relations Service who will then make contact with you as soon as possible. Whilst the advice and outcome/s will depend on your individual circumstances, here are a few pointers to help you understand the process:
- More information may be required to evidence the events such as notices given, copies of correspondence between you and the landlord (including emails, text messages, WhatsApp messages and letters), social media posts, tenancy agreements, photographs and videos, and CCTV coverage (if available)
- We will not necessarily contact the landlord immediately, and we will always ask permission before we do this. If you prefer that we do not speak to the landlord, we will just offer advice based on the details we have been provided
- If we do make contact with the landlord, we will ask for their version of events and likewise ask them to provide any relevant supporting information
- Where the landlord has acted unlawfully, clear information will be provided on the correct legal routes to end a tenancy (as set out in the Evictions section above)
- Bespoke advice will be provided for your situation, but we are unable to make any decisions for you
- If there is a requirement to meet in-person (to take a statement from you or to collect evidence, for example), this will be arranged for a time and location that suits you, including in a neutral public place if you would prefer that an officer does not visit your home
- The aim is to handle the situation as amicably as possible, and to negotiate the tenant’s return to the property if it is safe and appropriate to do so
- Some situations may require signposting to other agencies or services, such as Citizens Advice, Shelter or the Housing Loss Prevention Advice Service. Your consent will always be obtained before any direct referrals are made.
If you are homeless or will be homeless soon due to an unlawful eviction, visit our homelessness section to get support.