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2024

My landlord suddenly evicted me & there’s nothing I can do – I’m retired and forced to sleep on pals’ sofas

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A RETIRED woman has hit out after she was “evicted” and forced to sleep on her pal’s sofa.

Freda Wellington, 66, found herself sofa surfing after she was served with a no-fault eviction.

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Over 55’s are now increasingly falling foul of no-fault evictions[/caption]
The aerial view of Great Yarmouth, a resort town on the east coast of England, in sunny summer day, UK
The local authority said they had tried to help Freda Wellington

The mother-of-two said she was evicted by her landlord after she tried to renegotiate a £50 per month rent hike.

She said to the BBC: “I was a good tenant, didn’t miss any payments at all, that is what hurt.”

After she was evicted she was forced to live in a hotel for six weeks, paid for by the local authority. She is now sleeping on a friend’s sofa.

She added: “It’s not a good feeling when you’ve worked hard all your life to be in this situation.

“I was looking forward to my retirement and I didn’t expect this to happen.”

Analysis from housing charity Shelter and YouGov shows that since 2019, the equivalent of 500 tenants a day have been booted from their home for no reason.

Unwanted private rental moves in England are costing an
eye-watering £550 million per year – with renters shelling out on average £669 in unrecoverable costs for every forced move.

In the last 12 months alone residents had to unwillingly pack their belongings 830,000 times.

Nearly 190,000 were served with a legal eviction notice, while 135,000 were informally asked to go by their landlord.

Polly Neate, the chief executive of Shelter, said instead of being able to finally enjoy retirement, pensioners are “living with the constant fear of homelessness hanging over them”.

“With private rents rocketing and no-fault evictions rife, too many older people are being forced into homelessness because there aren’t enough social homes available and private renting is just too expensive.”

Ms Wellington was offered accommodation by Great Yarmouth Borough Council, but turned it down as she said it was not suitable due to her health issues.

Your rights as a renter

YOU can fight a no-fault eviction through the courts, and usually get free legal advice.

Seek help as soon as you’re served a notice, to give you time to build a case.

The Government’s Housing Loss Prevention Advice Service provides early legal support on housing issues.

Look for a local provider at find-legal-advice.justice.gov.uk.

The court can only void an eviction notice if it’s “invalid”, so your best bet is to prove it doesn’t meet the right criteria, advises housing charity Shelter.

For example, landlords must use Form 6A to issue a notice.

Nothing else is valid.

You must also be given two months’ notice to move out and it must be at least four months since the start of your original tenancy.

Reagan Jones, director of compliance at rental service Zero Deposit, says: “If your landlord doesn’t apply to the courts within six months of issuing a Section 21 notice, it becomes invalid and they will need to repeat the initial process.”

Unresolved issues with your home can also help your case.

Mr Jones adds: “A lack of a working smoke alarm or carbon- monoxide alarm could render a Section 21 invalid, among other property-related issues.

“Your landlord may have failed to give you electrical and gas-check certificates, illegally charged you fees or evicted you following a complaint you’ve made about the property,” he adds.

The security deposit on your home must be in a protected tenancy deposit scheme from when you move in.

WHAT IF MY NOTICE IS VALID?

THERE are still other ways to challenge being evicted.

Speak to your landlord and see if there’s room for negotiation, Mr Jones advises.

Most should be willing to negotiate and be flexible to give you time to find a new home.

Mr Jones adds: “If you do opt to remain in the property beyond your eviction date, you’ll be given an opportunity to voice your side of the story in the court process which can ultimately influence whether or not a possession order is granted.”

A spokesperson for the council said it had a legal obligation to support those who are homeless and applicants’ medical details are considered to ensure a suitable property offer is made.