Leaving a property that you are renting without either: • getting the landlord's agreement (it's always best to get this in writing), or • giving proper notice to the landlord to formally end the tenancy. Abandonment does not end your agreement, or your liability for rent.
A court procedure that private landlords can use if they want to evict an assured shorthold tenant without having to prove a legal reason. This procedure only applies to assured shorthold tenants. In some cases landlords cannot use this procedure if they haven’t followed other rules - such as putting your deposit in a government-backed scheme and/or getting a license if they are required to do so.
An administration order is a court order, through which you can make one payment to the court who will then distribute payments to the people you owe money to. To apply for an administration order you must have; • Less than £5k debt • At least 2 creditors • At least one CCJ against one of your debts • No licensed insolvency practitioner involved Attachment of Earnings An attachment of earnings means the money you owe to someone is deducted from your wages before you are paid. It is an order made by the court if you do not meet the repayment terms of a County Court Judgement (CCJ). Attachment of earnings continues until the debt is repaid in full. If the amount of repayment is too high you speak to your local court about applying for a reduction in the repayment.
The systems that councils, housing associations and housing co-ops use to decide who should be offered a home. All councils have to follow certain rules set out in the law. In some areas you may be allocated a property, and in other areas you may have to bid for properties you like under a ‘choice-based’ scheme. Your chances of success will depend on the number of properties available and on how much priority you have under the scheme.
Behaviour that causes harassment, alarm or distress to other people living in the area. Examples include: noise, verbal abuse, drug dealing, and violence
Court orders that are designed to stop people who have behaved antisocially from continuing to do so. ASBOs normally say that the person they are made against is not allowed to do certain things, or go to certain places.
The most common type of tenancy provided by private landlords, often for a fixed term (eg six months or one year), which gives limited rights to the tenant. Some housing associations also provide this type of tenancy.
A type of tenancy that some private tenants and most housing association tenants have. It gives more rights to tenants than an assured shorthold tenancy.
An attachment of earnings means the money you owe to someone is deducted from your wages before you are paid. It is an order made by the court if you do not meet the repayment terms of a County Court Judgement (CCJ). Attachment of earnings continues until the debt is repaid in full. If the amount of repayment is too high you speak to your local court about applying for a reduction in the repayment.
A bailiff is appointed on behalf of someone you owe money to so to collect repayment. There are different types of bailiff – county court, certificated and private bailiffs. They have different powers and can be used to collect different types of debt. What can bailiffs do? • Visit your home to collect payment. • Enter your property through an open door or window to seize goods as a form of repayment. • Agree repayment terms with you. • Charge fees for visiting your property to collect money. What can bailiffs not do? • Take essential items such as clothing, bedding, cookers, fridges, most furniture and the 'tools of your trade'. • Force entry into your property unless the money is owed HMRC or is a court fine. How can you stop bailiffs visiting your house? • If the money owed has a CCJ attached you can speak to your local court about payment arrangements for the debt.
Schemes usually run by local councils or voluntary agencies, that provide deposits for rented accommodation to people who are on benefits or a low income. Deposits are sometimes in the form of cash payments, but are usually in the form of a guarantee to the landlord that a payment will be made if the tenant leaves owing rent or causes damage to the property
A charging order means the money you owe becomes a secured loan against your property. It is likely you will be asked to make repayments to the debt in the same way you have to pay your mortgage. Failure to make repayments to a charging order could mean your property is at risk of repossession. A charging order can only be made after a court hearing has taken place. You should attend this hearing and advise the court of any objections you have to the order being made. County Court Judgement A County Court Judgement or CCJ is an ‘order to pay’ made by the court. It is the first form of action taken by someone whom you owe money to. Failure to pay or come to repayment arrangements for a CCJ is likely to result in further legal action is taken against you. This can include an attachment of earnings, charging order or bankruptcy.
One of the methods councils and housing associations use to decide which of the people who have applied should be offered available homes. Properties are usually advertised and you bid for places where you would like to live and which are suitable for you
The court procedure most landlords, lenders or freeholders have to follow in order to evict a tenant or homeowner
A County Court Judgement or CCJ is an ‘order to pay’ made by the court. It is the first form of action taken by someone whom you owe money to. Failure to pay or come to repayment arrangements for a CCJ is likely to result in further legal action is taken against you. This can include an attachment of earnings, charging order or bankruptcy.
A creditor is someone you owe money to. Commonly the money owed originates from credit cards, loans, store cards, catalogues or bank overdrafts.
A Debt Relief Order or DRO is basically a fast track bankruptcy for people who meet certain criteria. Once a DRO is approved you will not pay anything back and at the end of one year the debt is written off. People qualifying for a DRO have; • Less than £15k debt • Less than £50 surplus • Do not own/have an interest in any property • Own a vehicle worth less than £1,000 • Have assets worth no more than £300 To apply for a DRO the debtor needs to contact an approved intermediary who can give advice and help with the application process
A default notice is registered by your creditors once you breach the terms of your arrangement with them, for example by missing repayments. A default notice is lodged as a record on your credit file and will last for six years. It will notify people who look at your credit report that you have defaulted on the terms of an agreement and it can therefore impact your ability to obtain credit.
If you are a council or housing association tenant, your landlord can demote your tenancy to a less secure type if you behave antisocially or use your home for illegal activities. Tenancies can be demoted for 12 to 18 months. During this time, you can be evicted much more easily
Money that private landlords usually demand at the beginning of a tenancy as security against non-payment of rent, damage to property, or removal of furniture
From 6 April 2007, when you pay a tenancy deposit for an assured shorthold tenancy, the landlord or letting agent must protect your deposit through a Government-approved deposit protection scheme
Extra money that you can apply for if you are claiming housing benefit and are having financial problems because housing benefit does not cover the whole of your rent
Repair problems in a property. Landlords are legally responsible for sorting out many disrepair problems. Serious disrepair may mean that the property is a hazard.
One of the five criteria that councils use to assess homelessness applications. The rules are very complicated but in most cases: • if you normally live in the UK and are a British citizen you will almost certainly be eligible for assistance. • people who are subject to immigration control are not normally eligible. • returning British citizens will not be eligible immediately but will become eligible once they are classed as ‘habitually resident’ again. • European nationals will be ineligible unless they are classed as a worker. • there are also additional restrictions for people from A2 and A8 nations. It's important to remember that being eligible for assistance is only one of the five criteria. Being eligible for assistance doesn't necessarily mean you will be entitled to accommodation.
One of the figures used to work out how much housing benefit you may be entitled to. Your eligible rent is the rent that your landlord charges minus any service charges (such as cooking or personal laundry) which housing benefit cannot pay for
Housing that can be accessed very quickly, such as bed and breakfast hotels or hostels. If you make a homelessness application to the local council, they may have to provide emergency accommodation for you while they make enquiries into your situation. Your rights will depend on your household’s circumstances
The council department that deals with problems such as pollution, noise, infestations, overcrowding, and serious disrepair.
The difference between what your home is worth and how much you owe on your mortgage. For example, if your home is worth £100,000 and your mortgage is £75,000, your equity will be £25,000. If the value of your home is less than your mortgage, you will have negative equity
The procedures that landlords and/or lenders must follow if they want you to leave your home. In most cases you do not have to leave just because you've been told to. The process varies depending on whether you are a homeowner, a tenant or a licensee, and on the type of tenancy you have. Most people are entitled to a court order before they must leave. If the correct procedure is not followed, your landlord or lender may be guilty of carrying out an illegal eviction, which is a criminal offence
A legal document which gives court bailiffs the right to enforce a court order made in an eviction or repossession case. If the people living at the property do not leave voluntarily, the warrant gives the bailiff the right to remove them.
A type of tenancy or license agreement which provides little protection from eviction. The word 'excluded' refers to the fact that these occupiers are not covered by the Protection from Eviction Act. A landlord can evict an excluded occupier by giving ‘reasonable notice’ (which can be verbal) and doesn't need a court order. What is reasonable depends on the circumstances
A rent which has been fixed by the rent assessment committee. This means that there are special rules on how, when, and by how much the landlord can increase the rent. Fair rents apply to regulated private tenancies, regulated agricultural tenancies and housing association tenancies that began before 15 January 1989.
A tenancy that lasts for a fixed period of time, such as six months or one year. This initial fixed term is sometimes called the ‘contractual’ stage of a tenancy. When the fixed term ends the tenancy automatically becomes periodic - ie it rolls from week to week or month to month
A certificate showing that all gas appliances and installations in a rented property are safe. Gas safety certificates can only be issued by a registered gas engineer.
Legal reasons that landlords and lenders can use if they want to get a court order to evict you. The most common grounds are rent or mortgage arrears, but you could also be evicted for other reasons, such as antisocial behaviour and/or illegal subletting. It’s important to remember that not all tenants are entitled to a court order before they must leave. Even where they are, the landlord may not need to prove a ground for possession.
This is one of the issues that councils have to look at in order to decide whether you are eligible for assistance. A person who is ‘habitually resident’ in the UK is someone who is not subject to immigration control and normally lives here. When assessing whether someone is habitually resident, the council should also take into account where you work, where you have family or other social connections, the reasons why you have come to live in an area and what your intentions for the future are. Some people are automatically taken to be habitually resident - eg workers from the European Economic Area (EEA).
This is one of the issues that councils have to look at in order to decide whether you are eligible for assistance. A person who is ‘habitually resident’ in the UK is someone who is not subject to immigration control and normally lives here. When assessing whether someone is habitually resident, the council should also take into account where you work, where you have family or other social connections, the reasons why you have come to live in an area and what your intentions for the future are. Some people are automatically taken to be habitually resident - eg workers from the European Economic Area (EEA).
When carried out by a landlord, harassment can mean anything that interferes with your right to live in your home without interference. Examples include: threatening or intimidating you, regularly coming round unannounced (especially late at night), forcing you to sign agreements that take away your rights, barring you from certain parts of your home or interfering with water, gas or electricity supply. When carried out by neighbours or other people, any action that is carried out repeatedly (on at least two occasions) which causes alarm or distress, or puts you in fear of violence, may be classed as harassment
The system used to assess housing conditions to ensure that residential properties are not a risk to health and safety. It is used to identify and assess hazards such as dampness, infestations, broken glass or plaster, damaged asbestos, fumes and gases, problems with rubbish or sewage and/or dangerous stairs, gas or electrical installations
Some houses or flats that are shared by more than one household are classed as houses in multiple occupation (HMOs). This could include: a large building split into separate bedsits, a house or flat- share where people have separate tenancy agreements, or a bed-and-breakfast hotel that is not just for holidays. Landlords of HMOs have extra legal responsibilities relating to fire safety, overcrowding, communal areas, cooking and washing facilities and rubbish bins. If an HMO is at least three storeys high and contains five or more people, it must be registered with the local council.
A range of ‘low cost home ownership’ options which enable people who can’t afford to buy a home on the open market without help. Options include: shared ownership, equity loans, and ‘rent-to-mortgage’ schemes. Government appointed agencies manage all HomeBuy schemes in a particular geographical area. In most cases, these 'HomeBuy agents' are housing associations. They will process your application and assess whether you are eligible for a HomeBuy scheme.
Asking your local council’s housing department for help if you have nowhere to stay, it is not reasonable to stay where you are (eg because of domestic violence) or you are likely to become homeless within 28 days. Depending on your circumstances, the council may be able to help you keep your current home. If this is not possible, they may have a duty to provide temporary accommodation for you.
Homelessness is not just about sleeping on the streets. The legal definition of ‘homelessness’ covers many other circumstances as well. If you don't have a safe or permanent home, you should be classed as homeless by the council, for example if: • you are at risk of violence in your home. • you have been locked out • you are living in unsuitable housing • the condition of your home is so bad that it is damaging your health • you have no legal right to stay where you are (eg if you are staying with friends or family).
A Government initiative designed to help homeowners who are struggling to meet their mortgage payments because of a temporary drop in income. Homeowners Mortgage Support allows qualifying homeowners to delay paying part of the interest on their loans for up to two years
Emergency or temporary accommodation, usually consisting of a room that may be shared with other people. Some hostels provide help and support and may be able to help you find somewhere longer term.
Independent, not-for-profit organisations that provide accommodation at lower rents than private landlords. Many housing associations also run supported housing schemes for people who need help with daily living, and/or shared ownership schemes to help people on lower incomes to buy a home. Housing associations are often referred to as ‘registered social landlords’ or ‘RSLs’. Often people must be nominated by the local council
A welfare benefit paid by the council to help people on low incomes to pay their rent. The rules about how much housing benefit you may get are complicated. The way housing benefit is calculated will depend on whether you rent privately or from a council or housing association, and your personal circumstances.
Groups of people who live in and collectively manage their accommodation. This includes arranging repairs, making decisions about rent and deciding who joins or leaves the co-op. Living in a housing co-operative is usually cheaper than renting privately but very few places are available.
Any action taken by a landlord, or someone acting on her/his behalf, to evict a tenant from all or part of their home without following the correct legal procedure. This includes: changing the locks, forcing you to leave, physically throwing you out or barring you from parts of your home. Illegal eviction is a criminal offence
Any action taken by a landlord, or someone acting on her/his behalf, to evict a tenant from all or part of their home without following the correct legal procedure. This includes: changing the locks, forcing you to leave, physically throwing you out or barring you from parts of your home. Illegal eviction is a criminal offence
A court order that prohibits someone from doing something, or orders them to do something. Examples include: an injunction ordering someone to stop harassing you, or preventing someone from going near your home, or an injunction ordering a landlord to carry out essential repairs within a certain time
One of the things the council will check if you apply as homeless is whether you made yourself homeless ‘intentionally’. The council will look into how you lost your last home and may say that you became homeless as a result of your own actions (or failure to act). You can only be found intentionally homeless if you could otherwise have stayed in your accommodation and it would have been reasonable for you to stay there
Emergency accommodation from the council. When you make a homeless application, the council must offer you this sort of accommodation while it looks into your situation if you are homeless, eligible for assistance and you may be in priority need.
A one-year trial council tenancy. An introductory tenancy gives you most of the same rights as a secure council tenancy, but you can be evicted much more easily. As long as the council don’t take you to court while you are an introductory tenant, you will automatically become a secure tenant
Strictly speaking, leasehold means the use of a property for a fixed period of time – such as 99 years. However, leasehold is commonly thought of as a form of ownership, with leases being bought and sold. Most flats in England are leasehold. Leaseholders are sometimes referred to as 'tenants' or 'lessees'. Freeholders can also be called 'landlords' or 'lessors'.
Strictly speaking, leasehold means the use of a property for a fixed period of time – such as 99 years. However, leasehold is commonly thought of as a form of ownership, with leases being bought and sold. Most flats in England are leasehold. Leaseholders are sometimes referred to as 'tenants' or 'lessees'. Freeholders can also be called 'landlords' or 'lessors'.
The term legally binding generally relates to a signed agreement. This could be a loan agreement for example where money has been lent by a bank to you. You are legally bound by the terms of that agreement to make the repayments outlined in the contract. If you fail to make the repayments the bank will be able to take legal action to recover the money they are owed. An IVA is another type of legally binding agreement where you and the people you owe money to are bound to adhere to the terms of the contract (the IVA proposal). The contract or proposal will outline the terms which need to be met by you. If you meet these terms then the people you owe money to cannot take any other action against you.
A letter written by a person who is considering starting a court case, or by their legal representative, which warns the other party that court action will be started if a satisfactory solution to the proposed claim is not agreed within a certain period of time.
A liability is another name for something that you owe. This can include money to banks, credit cards and loans and also things you have to pay on a monthly basis. Your rent, mortgage and utility bills are also liabilities as it is something you have to pay.
Liability A liability is another name for something that you owe. This can include money to banks, credit cards and loans and also things you have to pay on a monthly basis. Your rent, mortgage and utility bills are also liabilities as it is something you have to pay.
This is one of the assessments that local councils have to make if you apply as homeless. You will probably have a local connection if you live, work or have close family connections in the area. You may also have a connection with the area for other special reasons. If you don't have a local connection, the council may decide to send you to another area. However they cannot do this until they have considered all the other tests - eg whether you are homeless, in priority need and/or intentionally homeless - and they cannot do it if you are at risk of violence in the other area Local housing allowance (LHA) is a way of calculating housing benefit payments for most people who rent their home from a private landlord
This is one of the assessments that local councils have to make if you apply as homeless. You will probably have a local connection if you live, work or have close family connections in the area. You may also have a connection with the area for other special reasons. If you don't have a local connection, the council may decide to send you to another area. However they cannot do this until they have considered all the other tests - eg whether you are homeless, in priority need and/or intentionally homeless - and they cannot do it if you are at risk of violence in the other area
Local housing allowance (LHA) is a way of calculating housing benefit payments for most people who rent their home from a private landlord
The Government’s mortgage rescue scheme (MRS) is a new initiative that aims to provide a safety net for vulnerable households at risk of losing their homes through repossession. This scheme is available throughout the UK. The scheme is set up to work in two different ways: • through a shared equity loan. • through a ‘mortgage to rent’ scheme, whereby a housing association buys their property and rents it back to them
The process whereby some council and housing association tenants can swap homes. Both tenants will need permission from their landlords - permission can be refused in some circumstances.
The process whereby some council and housing association tenants can swap homes. Both tenants will need permission from their landlords - permission can be refused in some circumstances.
A legal document that a landlord can use to start the process of ending a tenancy. There are rules about how and when a notice seeking possession can be served, which depend on the type of tenancy you have
A written notice used to end a tenancy, which can be served by the tenant or the landlord. There are rules about how and when a notice to quit can be served, which depend on the type of tenancy you have and what your agreement says
A written notice used to end a tenancy, which can be served by the tenant or the landlord. There are rules about how and when a notice to quit can be served, which depend on the type of tenancy you have and what your agreement says
A court order which can give a person the right to return to or stay in their home, or to keep someone else out. Occupation orders can also be used to enforce existing rights, or to give or end rights to occupy a property. Occupation orders usually last a specific length of time and are not a long-term solution
A court order which can give a person the right to return to or stay in their home, or to keep someone else out. Occupation orders can also be used to enforce existing rights, or to give or end rights to occupy a property. Occupation orders usually last a specific length of time and are not a long-term solution
A person who rents their home and has only limited protection from eviction under the law. You are likely to be an occupier with basic protection if: • you live in the same building as your landlord but you do not share living accommodation with your landlord, or • you live in a student hall of residence, or • you pay a very low rent or a very high rent
A court order which gives your landlord or mortgage lender the right to take possession of your home on a particular date.
The legal definition of overcrowding is very narrow and is based on the number of people per room and/or the amount of space in each room.
A tenancy that rolls from week to week or month to month with no fixed end date. All fixed-term tenancies become periodic when the initial fixed term has ended and no new agreement has been made
A tenancy that rolls from week to week or month to month with no fixed end date. All fixed-term tenancies become periodic when the initial fixed term has ended and no new agreement has been made
A court order that tells an occupier to leave a property by a certain date and gives the landlord or lender the right to use the property as they wish. Possession orders can be suspended or postponed (which means that the occupier can stay as long as certain conditions are met) or outright (which means that if they do not leave by the date given, the lender or landlord can ask the court bailiffs to evict them).
A court order which allows you to stay in your home as long as you keep to certain conditions. These conditions will be explained on the court order. For example you may be ordered to pay off rent you owe at a certain amount each week or not to cause further disturbance to your neighbours. If you don't stick to all of the conditions of the order your landlord can apply to the court for the bailiffs to evict you
An estimate of the maximum amount of housing benefit that the council is likely to pay if you move into a particular property. Getting a pre-tenancy determination before deciding whether to take on a tenancy can help
One of the assessments the council will carry out if you apply as homeless. If you are in priority need then the council will usually have to house you, at least temporarily. You could be in priority need if you or a member of your household: • are pregnant or responsible for dependent children • were made homeless by a fire, flood or other disaster • are elderly, disabled or have mental health problems • are fleeing violence or harassment • are aged 16 or 17 (although in almost all cases social services will be responsible for looking after you) • have been in care • are particularly vulnerable for other special reasons.
A type of tenancy that some private tenants may have if they have lived in their accommodation for a long time (usually since before 1989). Regulated tenants have very strong rights. Also known as a 'regulated' tenancy
A re-mortgage is a debt solution that homeowners could consider to consolidate (group together) the money they owe. They can do this by borrowing money against the value of their property (in the same way they did when they got their mortgage) to repay the money they owe. This money then in effect becomes part of their mortgage and is repaid in the same way, through a single mortgage payment every month.
A housing association or other organisation that provides housing at lower rents than private landlords and is registered with the Tenants Services Authority (TSA). Registered social landlords are also known as private registered providers of social housing (PRPSHs).
Secure tenancy The type of tenancy that most council tenants have. Some housing association tenants may also have secure tenancies if their tenancy started before 1989. Secure tenants have very strong rights.
A secured debt is money which has been lent to you with some protection attached to it. This protection could be in the form of a charge against your property or attachment to a vehicle. Under the terms of a secured agreement if you fail to make repayments the lender can repossess the goods which act as protection as payment towards the money you owe.
A debt solution which provides you with the tools to help you manage the debt yourself. You will negotiate with the people you owe money to yourself and by keeping your household budget under control be able to stabilise your financial position.
A charge payable to a landlord, freeholder or management company by a tenant or leaseholder, to cover costs of services, maintenance, insurance, etc. Services charges may be paid monthly or annually and may be fixed or variable.
The single room rent restriction sets a limit on the amount of housing benefit that most people under 25 can get if they rent from a private landlord. The amount is based on the average local rent for shared accommodation. It is known as the shared room rent under the local housing allowance scheme. Certain under 25s are exempt from this rule.
Where someone occupies property without permission. Squatting is not a crime in itself but many related offences (such as damaging the property in order to get inside) are illegal.
An assured shorthold tenancy granted by a housing association on a trial basis. Starter tenancies are similar to introductory council tenancies. Tenants with a starter tenancy can be easily evicted. A starter tenancy normally lasts for one year. Provided no action has been taken to evict the tenant, the tenancy normally becomes assured at the end of the trial period
A statutory demand is the first step to bankruptcy. It’s a very serious document that gives you 21 days to pay the money you owe or to come to an arrangement to repay. If you do neither of these during this time the person you owe money to could petition for your bankruptcy.
A court order which allows you to stay in your home as long as you keep to certain conditions. These conditions will be explained on the court order. For example you may be ordered to pay off rent you owe at a certain amount each week or not to cause further disturbance to your neighbours. If you don't stick to all of the conditions of the order your landlord can apply to the court for the bailiffs to evict you - there is no need for a further hearing.
A person employed by the local council to deal with cases of harassment and illegal eviction by landlords. Tenancy relations officers can prosecute landlords.
A form of joint ownership where the owners have a specified share in the property (ie a percentage) that may or not be equal. If one of the owners dies, their share in the property does not automatically pass to the other joint owner, as it would if they owned the property as ‘joint tenants’. Instead, it passes to whoever the deceased owner’s heirs (ie under the terms of their will, or under the rules of intestacy).
The council will consider you to be 'threatened with homelessness' if you are likely to become homeless in the next 28 days. If you are threatened with homelessness, the council should first try to help you keep your home or find a new home so you don't become homeless. If this isn't possible, the council has a duty to help you as if you were already homeless.
Accommodation provided by employers as part of a contract of employment. This is also known as service accommodation, and can be provided to both public and private employees, for example resident wardens, housekeepers and NHS staff
Handing over the keys to your mortgage lender. This means that you give up possession but you still keep your debt. The amount you owe may increase until the property is sold. Get advice before you do this
A legal document which gives the bailiffs the right to enforce a court order made in an eviction or repossession case. If the people living at the property do not leave voluntarily, the warrant gives the bailiff the right to evict them.
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