Can a Landlord evict a Tenant because they Pay their Rent two weeks Late?

Making ends meet can be difficult. Some months paying the bills is a struggle, but not paying your rent is something you have to be particularly careful about. If you leave your rent unpaid for too long your landlord could take you to court and, eventually, evict you.

However, being evicted is not something that happens overnight, no matter what your landlord says. If you are renting a property it makes sense to know your rights, so here we will give you the basics. That way, should your landlord try to evict you because you are a week or two late with the rent, you will have a better understanding of your rights and how to react in the situation.

What Does Your Tenancy Agreement Say?

If you have a tenancy agreement it should stipulate when the rent should be paid and how much notice your landlord has to give. You really should pay your rent according to the terms of your rental agreement. Failure to do so opens up the possibility of eviction.

However, it is also important to realise that your landlord cannot simply throw you out if you are late with the rent. They have to give you notice to quit, and wait 28 days from then before take further legal action, if the courts agree with them it is only at that point they can legally evict you.

What the court will do about your rent arrears depends on many factors. This includes your personal circumstances, who your landlord is and how long you have been in the property are just some factors.

A Court Order is Required for an Eviction to be Legal

However, getting a Court Order is not difficult and the whole process can happen quite quickly. Therefore, if you are struggling with your rent you need to take advice as soon as possible.

Legally you cannot arrive home to find your stuff on the drive. If a landlord evicts you without a Court Order it is a criminal offence and you should contact the Local Authority Housing Officer and the Police immediately, as well as seek advice from a specialist lawyer like Hylton-Potts who have experiencing of helping clients with property law issues.