Legal News

Amid the cost of living crisis, everyday life is becoming more difficult for many Britons, with renters being some of the worst hit.

The COVID-19 pandemic left many people out of a job as businesses resorted to redundancies to keep afloat, while many small businesses simply went bust.

Now in 2022, with people starting getting back on their feet, we have suffered another unexpected blow, a global energy crisis threatening to squeezing industries and push millions of people into debt.

While the energy prices and the cost of travel are spiralling out of control, the mortgage rates and rental payments have also arisen as regulators attempt to curtail the rise of inflation.

All this has caused the rate of homelessness to rise continuously, as tenants struggle to cover all of their financial commitments on time, causing rent arrears to soar and landlords to struggle to service their mortgages.

Tenants evicted from their home due to rent arrears are often deemed to be intentionally homeless and refused social housing, which compounds the misery suffered by many families.

However, if faced with a negative response from the local authority in regards to a homelessness application, you should always seek legal advice. A legally trained caseworker or a solicitor can review these decisions and help challenge them.

Sadly, far too many renters do not know their rights or the legal routes they can take to protect themselves at these crucial times.

Can landlords refuse to accept tenants in receipt of benefits?

While openly refusing to accept any tenants in receipt of benefits amounts to discrimination, there is nothing stopping private landlords rejecting tenants without giving a reason.

More often than not, a landlord will set a limit of wages they expect from any potential tenant and this will most likely be over the general threshold for a person to be eligible for Universal Credit, the most widely claimed benefit.

In July 2022, it was calculated that 5.7 million Britons are currently in receipt of Universal Credit. These may struggle to find privately rented accommodation and so social housing might become their only option.

If you think you have been discriminated against by a landlord for whatever reason it may be worth getting advice.

Social housing issues

Getting a council home is a long process. Applicants are assigned a priority band and points. The waiting times differ widely. The time you spend on a waiting list will be aggravated if there is a large number of those with higher priority on it.

The situation can be more difficult if you have commitments locally – employment, receipt of regular medical care, children in full-time education, etc, as this means you could be considered a less flexible candidate.

Council homes are scarce and if you have a disability your chances of finding suitable accommodation are even more limited, especially as there are close to no council homes suitably adapted to cater for your needs, particularly if you use a wheelchair.

But councils often make flawed decisions about housing and who is entitled to what, so it is always worth considering taking advice as to what your options are if you are unfairly facing obstacles to finding a home for you and your family.

Section 8 Evictions

Landlords will likely issue court proceedings against tenants who consistently make lower or no rent payments to evict them from their home on the basis of rent arrears. After serving a notice seeking possession of a property under Section 8 of the Housing Act 1988, a tenant will normally get two weeks before they are required to vacate the property.

If they do not comply with this, the landlord will have 12 months to issue court proceedings. Should the court decide to grant an order for possession, the tenant might be liable for legal costs and court fees incurred by the landlord in the possession proceedings. The tenant is, thereafter, left with even more debt.

What is more, when applying for social housing, applicants might be considered intentionally homeless by the local authority as they were evicted due to their debt owed to the landlord.

However, this is not always straightforward. There might be issues with the possession claim and/or the council’s decision might be unlawful.

Seek Advice

It is a sad fact that many more people are facing the threat of eviction and homelessness because of the double whammy of Covid and the cost of living crisis. However, help and guidance is available and you may be eligible for public funding (legal aid) so it’s always a good idea to seek advice, whether from one of the charities such as Shelter or a recognised firm of solicitors.

Duncan Lewis Solicitors’ housing team is recommended in both the prestigious legal guides, Chambers and Partners and The Legal 500. The team has extensive expertise in all forms of disrepair, as well as possession, unlawful eviction, homelessness, succession for tenants, and neighbourhood dispute cases. We can also advise on whether you are entitled to legal aid.

About the author: Alexandra Suskova is housing department caseworker who specialises in a wide range of eviction, possession and homelessness matters. She currently work under the direct supervision of leading housing law director and solicitor, Manjinder Manjinder Kaur Atwal.

For advice in any housing matter, contact Alexandra via email at AlexandraS@duncanlewis.com or via telephone on 020 7923 8514.