Help with housing law, debts and evictions

Housing law and evictions, it’s complicated….

Your home is your castle, right?  Somewhere you are safe, secure, happy and can hopefully relax with family and friends.  However, many people who rent their homes and have struggled financially through the pandemic now live with the fear of eviction from their home, as the government lifts the eviction ban.

Housing law has always been notoriously complicated and during the pandemic, central government and the devolved administrations have responded with different measures, following different timescales, leading to a complex set of rules which can be confusing for anyone trying to manage their tenancy and avoid eviction. 

In March 2020 there was a ban on bailiff enforced evictions to provide some security for tenants with rent arrears in a time of significant economic and social disruption.   Eviction notice periods were increased too.  Pre-pandemic, most landlords had to give tenants a minimum of two months notice to leave their home.  Since March 2020, these rules changed several times and now notice periods depend on the date the eviction notice was served, the reasons for eviction and the location of the tenancy.  For example, in Northern Ireland from May 2020, a tenant is entitled to minimum of 12 weeks notice.  In England, from June 2021 a landlord must give at least four months’ notice of eviction.

Bans on bailiff enforced evictions are being lifted around the UK as restrictions ease, leading to concern that there will be a spike in evictions and an increase in homelessness.  There is also expected to be an increase in tenants struggling with rent arrears and other debts.

As I mentioned, it is complicated, and the rules on eviction depend on which type of tenancy you have, who your landlord is (council, housing association or private landlord), where you live in the UK and what the current COVID-19 restrictions are.  The most common reason for eviction of tenants is rent arrears, however there are different regulations for evictions where there is domestic abuse or anti-social behaviour.

Many people may ask, what a bailiff enforced eviction actually is?  Often tenants don’t realise that once their eviction notice period has expired, their landlord still needs to seek an eviction order from the court before a bailiff is instructed to attend the property and remove the tenants and their belongings.  This is the absolute worst-case scenario and tenants should seek advice early to avoid what is undoubtably a stressful situation.

If you are experiencing any concern about your tenancy and potential eviction please seek help, there are solutions available.  Your BSO will be able to assist you, and should be your first point of contact. Shelter and The Citizens Advice Bureau can also provide advice and support. Your local authority will also have a housing and homelessness advice service.

Debts?  Ask for some Breathing Space

According to The Money Charity people in the UK owed £1,712.9 billion at the end of March 2021.  This is up by £27.1 billion, an extra £511 per UK adult.  For many people, the pandemic has put a huge strain on finances and ability to manage housing costs and bills.   Having unmanageable debt has been shown to lead to further problems including mental and physical health issues, relationship breakdowns and homelessness.

From May 2021, in England and Wales the Government introduced ‘Breathing Space', or the Debt Respite Scheme as it is officially known.  It is similar to the existing Debt Arrangement Scheme in Scotland.

There are two types of Breathing Space: standard and mental health crisis.  Both relieve the pressure of dealing with creditors, so individuals can focus on getting debt advice and set up a debt solution without worrying about being chased for payment or incurring extra charges.

The standard scheme lasts for 60 days, with the mental health crisis scheme lasting for the period of the crisis plus 30 days. Access to the scheme is via an accredited debt adviser and is free to set up.  It is not a payment holiday and if you can make payments to your creditors you should continue to do so, however you will not be subject to any enforcement action, for example visits from bailiffs. Also, interest, fees or charges cannot be added during the period.

If you are concerned about your debts please seek support from your BSO, there will be a solution to help you.  Citizens Advice Bureau and Step Change are national charities who can also provide information, advice and support around debts.

If you require any help or advice with Housing, please contact your BSO in the first instance.