Housing FAQ:
Q. I’ve lost my job and can’t pay the rent/mortgage – can I get help?
A. This depends on your particular circumstance. If you are a tenant, then you may be eligible for Housing Benefit payments or an additional discretionary payment. If you are an owner-occupier, then there are Local Government schemes which may be able to assist. A number of lenders are now agreeing to assist borrowers during a difficult financial period. The earlier you seek assistance then the more chance you have in securing your property. If your landlord or lender takes court action, then you may still be able to remain in your property.
Q. My property is to be re-possessed – I’ve got to go to court – can you help?
A. If your property is about to be re-possessed and you've been asked to attend court, then Burd Ward will be able to give you access to front line advice, assistance and representation, a service which is completely free. Court Duty Service is usually held on a Thursday and we will be at court to represent you and assist in any pre-hearing negotiations. To find out when our Housing Team will next be at court click here.
Q. Can my landlord evict me?
A. If you have a tenancy agreement then it is unlawful for your landlord to evict you without following a process of serving a notice seeking possession, obtaining a possession order from a court, and thereafter having a bailiff’s warrant executed. In some circumstances your landlord can evict you because your fixed term has ended but the above procedure must be followed, unless of course you vacate the property voluntarily. If you have received any threats of eviction then you should contact a member of our housing team.
Q. Can my landlord lock me out?
A. If you find that you cannot gain entry into your property then you may have a claim against the landlord for an illegal eviction. Even if there are arrears of rent, your landlord does not have the right to prevent your access. A landlord will need to obtain a possession order and a warrant of eviction before he would be able to evict you. There are however some situations whereby a landlord has the right to change the locks, but these are rare. You would have the right to take action to return to your property.
Q. My landlord won't make repairs - what can I do?
A. In some circumstances your landlord is obliged by law to undertake certain works to your property. If your landlord refuses then you should make a detailed list of what the problems are in each room and ask your landlord to deal with each complaint. If your landlord still refuses then you should contact a member of our housing team who will be happy to advise you as to the merits of any potential claim for damages.
Q. Can I get my deposit back?
A. If your deposit was paid for a tenancy agreement entered in to on or after 6th April 2007 then it should have been protected in a government approved scheme by your landlord. Unless you have caused any financial loss to your landlord then your deposit should be returned to you. If the deposit has not been protected or your landlord refuses to return your deposit then you should contact a member of our housing team.
Q. Can I end the tenancy?
A. If you are in a fixed term tenancy then it is unlikely that you can end the same unless it is with the consent of your landlord. If the fixed term has expired and you are still living at the property then you may be able to provide notice of your intention to leave the property. If you are considering ending your tenancy then you should speak to a member of our housing team as the notice may differ depending upon the type of tenancy you have.
Q. I’m a tenant - neighbours are causing me problems – what can I do?
A. The first point of call would be your landlord or housing officer. You have the right to peaceful quiet enjoyment of your property. There are certain guidelines as to what would constitute harassment and nuisance. If the situation is serious then you would need to report the incident to the police and obtain an incident or crime number. Your landlord ought to address claims of neighbour nuisance. If you are suffering from or have been accused of neighbour nuisance then please contact us for further advice and assistance.
