Being evicted from your home is undeniably a stressful and overwhelming time. But knowing your rights and the help that's available can make a significant difference. In this guide, we'll explain your legal protections, the role of councils, and what steps to take when facing eviction with nowhere to turn.
Can you be evicted with nowhere to go?
Yes, you can be evicted from a rental property if you have nowhere to go. Regardless of your circumstances, a landlord has the right to pursue eviction and carry out the legal process. However, there are still options available to help.
Your options if you’re being evicted with nowhere to go
If you’re facing eviction without alternative housing, it’s crucial to act quickly and explore your options. Here’s a detailed breakdown of the steps you can take:
1. Check if the eviction notice is valid
A landlord must follow the correct legal procedures when issuing a notice to evict. Review the notice carefully:
A Section 21 notice must give you at least two months' notice to leave and be properly formatted with all required information.
A Section 8 notice can be served for rent arrears or other breaches of the tenancy, with varying notice periods depending on the reason.
If the notice is incorrect, you may be able to challenge it in court. Seeking legal advice or help from Citizens Advice or Shelter is a good first step.
2. Communicate with your landlord
If you’re on good terms with your landlord, explain your situation. They may be willing to extend your stay temporarily or negotiate a solution, especially if the issue is related to rent arrears. Offering a repayment plan might convince them to halt eviction proceedings.
3. Seek legal help and advice
Legal advisors can help you understand your rights and the process you’re facing. Charities like Shelter, Citizens Advice, and local housing charities offer free guidance. If your case goes to court, a solicitor or housing specialist can represent you and challenge an unfair eviction.
4. Apply for emergency accommodation
If you have nowhere to go, contact your local council’s housing department immediately. Councils are legally required to provide temporary housing in many situations, especially if you:
Have dependent children
Are pregnant
Are considered vulnerable (e.g. due to age, health issues, or disability).
The earlier you seek help, the more likely you are to avoid becoming homeless.
5. Explore private renting or alternative arrangements
If council support is limited, look into renting privately with financial aid or short-term housing options like house-sharing or staying with friends or family. Some councils provide rent deposit schemes or other assistance to secure a new home.
How the council can help after a Section 21 eviction
A Section 21 notice allows a landlord to regain possession of a property without giving a reason, but it doesn’t mean you must leave immediately. Here’s how councils can assist:
1. Prevention duty
Local councils have a legal obligation to help prevent homelessness for anyone at risk within 56 days as part of The Homelessness Reduction Act 2017. This might involve:
Mediating with your landlord to delay or stop the eviction
Helping with rent arrears through discretionary housing payments or other financial support
Providing advice on alternative housing if staying in the property isn’t possible
2. Relief duty
If you become homeless, the council has a relief duty for another 56 days. They will attempt to secure housing for you, either by:
Arranging temporary accommodation such as hostels, hotels, or council-owned properties
Helping you find a private rental
3. Priority need status
Certain individuals may qualify for priority need, meaning the council is more likely to provide emergency accommodation:
Families with children
Pregnant women
People with disabilities or other vulnerabilities, such as mental health issues
Even if you don’t meet these criteria, councils must still provide advice and some level of assistance to prevent rough sleeping.
4. Intentional homelessness
The council may investigate whether you are considered intentionally homeless, meaning you lost your home through actions like refusing to pay rent when you could afford it. If found intentionally homeless, your right to housing support may be limited.
5. Access to financial schemes
Councils often have deposit and rent guarantee schemes that help cover initial costs of renting in the private sector. Ask about these options to ease the transition into a new home. In all cases, early contact with your local authority is essential to getting the best possible support.
Rights to housing if you’re under 18
If you're under 18 and facing eviction, different legal rights and protections apply. The law considers young people particularly vulnerable, so local councils and social services have a duty to help.
Homelessness laws for people under 18
16 and 17-year-olds who are homeless or at risk of homelessness qualify for special assistance under the Children Act 1989 in England and Wales.
Local authorities are responsible for assessing your situation and providing housing or support if you have nowhere safe to stay.
Support from social services
Social services may step in to offer one of the following:
Temporary emergency accommodation if you are in immediate need
A foster placement or supported housing arrangement
Assistance in finding private or social housing with additional support services
Leaving care at 18
If you have been in care, you may receive additional help until age 21 (or 25 in some cases), including:
A personal adviser to guide you through housing and finances
Financial support for rent deposits or finding accommodation
Are parents responsible for housing under-18s?
Parents or guardians have a duty to provide housing for their children until they turn 18. However, if living at home isn’t safe or possible, you should contact your local authority for help. They will assess whether you are eligible for care or housing assistance.
Where to get support and advice
If you are facing eviction or have been served a notice to leave, there are many organisations that can help you understand your rights and guide you through the process.
1. Citizens Advice
Offers free advice on housing, benefits, and your legal rights
Local branches can provide face-to-face support
Visit their website or call their national helpline for urgent help
2. Shelter
A national housing charity specialising in preventing homelessness
Offers online chat support, a free helpline, and detailed guides on dealing with eviction
Contact them at 0808 800 4444 for immediate assistance
3. Local council housing departments
Responsible for providing homelessness support and temporary accommodation
Visit your local council’s website or housing office to speak with a housing officer
4. National Debtline
If you’re behind on rent due to financial problems, this service offers confidential debt advice
Call their free helpline at 0808 808 4000
5. StepChange Debt Charity
Provides tailored advice on managing rent arrears and avoiding eviction
Call 0800 138 1111 or use their online budgeting tools to create a plan
These organisations are experienced in helping tenants navigate the complexities of eviction. Seeking help as early as possible can make a significant difference.
FAQs
Can you get rehoused after eviction?
Yes, but it depends on your circumstances. Councils have a duty to help certain groups secure housing, particularly families, vulnerable individuals, and people facing severe financial hardship. Others may be offered guidance or short-term accommodation while finding a long-term solution.
What’s the fastest that a landlord can evict you?
Eviction times vary based on the process used. For a Section 21 notice, landlords must provide at least two months' notice. If a court issues a possession order, it can take several more weeks before bailiffs are involved.
Final thoughts
Facing eviction with nowhere to go can feel scary, overwhelming and challenging to say the least, but help is available. Understanding your rights, seeking advice, and contacting your local council early can improve your chances of securing safe housing. Don’t hesitate to reach out for support from charities and housing services to see what your options could be.
Disclaimer: Please note this article is intended for informational purposes only. This article does not advise on a specific situation, and we do not accept any liability for errors, omissions or misstatements. Always seek advice from a professional.