Will a Council Rehouse Me if I Get Evicted? Exploring Options in the middle of rising rents crisis

In the current property market situation, the risk of eviction is larger than ever, especially with the recent surge in rental prices across the UK. With the average rents reaching new highs, many tenants are left wondering about their rights and options, particularly when facing the daunting prospect of eviction. Even though the new Renters reform bill aims to abolish section 21, the uncertainty among tenants is piling up. Experts commenting on the UK’s property market warn that even though Section 21 will be abolished, there is a risk of overusing if not abusing Section 8, which is far more damaging to the tenant than Section 21 – no-fault eviction.

When facing eviction in the UK, you need to act quickly. The eviction process typically begins with the landlord serving a notice, such as a Section 21 or Section 8, outlining the reasons for eviction. Tenants have a lawful right, including the right to challenge eviction in court if they believe it is unjust or unlawful. It’s essential for tenants to carefully review the notice served by the landlord, seek legal advice if necessary, and respond within the specified timeframe. In some cases, negotiating with the landlord or seeking mediation can help resolve the issue without going to court. Additionally, tenants should ensure they are up to date with their rent payments and maintain clear communication with their landlord to potentially avoid eviction altogether. Taking prompt action and understanding one’s rights are key steps in navigating the eviction process in the UK.

In this blog post, we will answer the question that has been asked so many times:
Will the council rehouse me if I’m getting evicted?

Let’s explore this topic together and shed light on the available options for those in need.

Understanding the Rental Market:

According to a recent report by The Guardian, average rents in Great Britain have soared to new heights, posing significant challenges for tenants across the country. The escalating rental prices have exacerbated the housing crisis and placed additional strain on individuals and families struggling to secure affordable accommodation. Unfortunately, it is predicted that rents will go up another 4.5% in the next 3 years. This underscores the importance of being able to pay rent on time as a key factor in avoiding eviction and the subsequent need for rehousing.

Eviction Notice: A Distressing Reality:

Eviction is a distressing reality that many tenants face, especially with the rising rental prices. Whether due to financial hardship, landlord disputes, or other circumstances, the threat of eviction can be overwhelming and daunting. If a tenant doesn’t leave the property after a court order for possession, court bailiffs will be called upon to evict them by the eviction date, potentially making them responsible for the landlord’s court costs unless they are eligible for legal aid.

 

Should you approach your landlord to discuss the situation, or would it be better to seek assistance from a housing charity or legal advisor first? This decision may depend on your relationship with your landlord and the specifics of your situation. However, maintaining open communication with your landlord can sometimes lead to a resolution without the need for legal action. Receiving an eviction notice is a critical moment in the eviction process, emphasizing the importance of understanding your rights and the possibility of challenging the eviction. If negotiations with your landlord prove unsuccessful and it appears that eviction is imminent, don’t despair. Reach out to local housing charities or Citizens Advice for support and guidance. They can provide assistance in understanding your rights, navigating the legal process, and potentially accessing alternative housing options. Remember that you are not alone, and there are resources available to help you through this challenging time.

Council Housing and Rehousing Policies:

One potential solution for individuals facing eviction is seeking assistance from the council or housing association for rehousing. These entities play a crucial role in providing assistance and rehousing to individuals and families under the Housing Act 1996 and Homelessness Reduction Act 2017. However, eligibility for rehousing assistance by the council or housing association depends on various factors, including your circumstances, local connections, vulnerability, priority groups, and the council’s housing policies.

What affects rehousing eligibility?

When considering whether the council will rehouse you if you’re facing eviction, several factors come into play. These may include:

The council assesses the need for suitable housing, including temporary housing options, based on the individual’s circumstances.

Temporary Housing and Homelessness Status:

The council’s duty to rehouse individuals primarily applies to those who are legally homeless or at risk of becoming homeless within 56 days.

Here are the criteria that can define homelessness: In the UK, homelessness is defined by the Housing Act 1996 (as amended by the Homelessness Act 2002 and the Homelessness Act 2002 (Wales)). According to this legislation, a person is considered homeless if they do not have a suitable place to live or if it is not reasonable for them to continue living in their current accommodation. There are several criteria that determine homelessness:

1. No Accommodation Available: If an individual does not have a place where they have a legal right to reside, such as owning or renting a property, and they have no other suitable accommodation available to them.
2. At Risk of Violence or Abuse: If staying in their current accommodation puts them at risk of violence or abuse, or if it is not safe for them to remain there due to domestic violence, harassment, or other forms of threat.
3. Reasonable to Leave: If it is not reasonable for the person to continue living in their current accommodation. This could be due to factors such as overcrowding, the condition of the property posing health risks, or being asked to leave by the landlord without a reasonable alternative.
4. Living in Unsuitable Conditions: If the accommodation is not suitable for their needs due to factors such as poor living conditions, lack of amenities, or it being unsuitable for their health or disability.
5. Living in Temporary Accommodation: If the individual is staying in temporary accommodation provided by the local authority or housing association because they are homeless or at risk of homelessness. This includes emergency housing like hostels or bed and breakfasts for those facing eviction or experiencing homelessness.
6. Rent Arrears: A common reason for eviction is rent arrears, which can lead to homelessness if not addressed promptly. Legal aid is available to help individuals facing eviction due to rent arrears or other reasons, assisting them in navigating the legal process.
7. Priority Need: Councils give priority to certain groups when allocating housing, such as households with children, pregnant women, individuals with disabilities, and those vulnerable due to old age or other factors. If you fall into one of these categories, you may have a higher chance of receiving rehousing support, including offers of permanent housing as a long-term solution.
8. Local Housing Policies: Each council has its own housing policies and allocation criteria, which may vary depending on the area’s housing market and resources available. It’s essential to familiarize yourself with your local council’s policies and procedures regarding rehousing assistance.
9. Housing Options: The council may offer various housing options based on availability and your circumstances, including temporary accommodation, social housing, or assistance in finding private rented accommodation.

Navigating the Process

If you’re facing eviction and believe you may be eligible for rehousing assistance from the council, it’s crucial to take proactive steps to navigate the process effectively. This may involve:

Seeking Advice

Reach out to housing advice services, local charities, or legal experts who can provide guidance and support in understanding your rights and options.

Notifying the Council

Inform your local council as soon as possible if you’re facing eviction or homelessness. They can assess your situation and provide assistance accordingly.

Providing Relevant Information

Be prepared to provide relevant information and documentation to support your housing application, such as proof of eviction, financial circumstances, and any special needs or vulnerabilities.

Following Up

Stay in contact with the council and follow up on your housing application to ensure that your case is being reviewed and processed effectively.

The prospect of eviction can be daunting, especially with the rising rents in Britain. However, if you find yourself facing eviction, it’s essential to know that there are options available, including seeking rehousing assistance from the council. While eligibility criteria may vary, understanding your rights and navigating the process proactively can help you secure the support you need during this challenging time. Remember, you’re not alone, and help is available to assist you in finding stable and secure housing.

From a landlord’s perspective, the decision to evict a tenant is not one taken lightly. Eviction can be a complex and challenging process, often requiring legal procedures and considerations. While there may be valid reasons for seeking eviction, such as non-payment of rent or breaches of tenancy agreements, it’s important to approach the situation with empathy and consideration for the tenant’s circumstances. Communication is key; landlords should strive to have open and honest discussions with tenants about any issues or concerns before considering eviction as a last resort. If eviction becomes necessary, landlords should follow the proper legal procedures and ensure that tenants are treated fairly and respectfully throughout the process. In cases where selling a property with a sitting tenant is preferable, landlords can explore options such as selling to professional property buyers who may be willing to take on the tenancy, providing a smoother transition for both parties involved. Ultimately, landlords should approach eviction with compassion and professionalism, striving to minimize stress and disruption for all parties involved.