Here is a question to the blog clinic from Staar who is a tenant:
I’ve been told to leave my rental property by the 2nd of April 2020. I have 2 younger boys and nowhere to go, with the Coronavirus can I be exempt from leaving by this date?
Answer
Almost certainly your landlord does not have the right to make you leave.
If you are a tenant, the only way you can be forced to leave your home is if your landlord obtains an order for Possession through the courts and then uses the Court Bailiffs of High Court Enforcement Officers to carry out a physical eviction.
In normal times this process would take in the region of six months. However the government has announced new legislation during the coronavirus emergency to prohibit evictions for the next three months, and most courts are not accepting new applications.
However, before even issuing proceedings landlords must serve the proper form of notice. The minimum notice period for a rent arrears claim is two weeks, and the minimum notice period for the ‘no-fault’ section 21 process is two months. Landlords cannot even start proceedings until this notice period is over.
So I suggest you stay put.
The only exception to this is if you fall into one of the ‘excluded’ occupation types set out in the Protection from Eviction Act 1977. One of the most important of these is lodgers sharing accommodation with their landlord.
However, it sounds as if you have a tenancy in which case you are entitled to remain.
Incidentally, if your landlord is ordering you to leave in circumstances where he is not entitled to do so – this is harassment which is a criminal offence and which entitles you to claim compensation.
For more advice during the coronavirus, emergency see the Shelter Information Page.
