If you're living with serious disrepair, sometimes moving out may be the best option. And if the landlord needs to carry out major repair work, you may not have much choice. Either way, you need to understand your rights and responsibilities.
It's worth speaking to an adviser if you've been asked to move out. They can check whether it is really necessary for you to move out. They can also make sure that your landlord follows the correct legal procedures and that any rights you have are protected.
What if I want to leave?
If the disrepair in your home is really bad and your landlord is refusing to cooperate, you may want to look for somewhere else to live.
If you're planning on doing this, make sure you end your tenancy properly. Otherwise you may be liable for the rent, even after you've left. You can still take court action to claim damages if you've already left.
If you still have a few months to go on your agreement (for example, if you have a six-month assured shorthold tenancy and have only lived there for two), your landlord may say you have to pay rent for the whole period. However, you will be able to counterclaim for damages if your landlord is breaking your tenancy agreement by refusing to carry out repairs. Contact a local advice centre or solicitor, or call the Community Legal Advice helpline on 0845 345 4 345 for more information and advice.
What if it's not reasonable to stay?
If the state of your home is so bad that it isn't reasonable for you to stay, you could make a homeless application to your local council. If your home is not reasonable for you to live in, they may have a duty to rehouse you.
Applying as homeless is not the same as going on the waiting list for a permanent home. If you have problems getting the council to help you, or they won't accept your application, use our directory to find a local advice centre. They may be able to help you get what you're entitled to.
What if my landlord wants me to go?
Landlords can't always evict their tenants. In many cases they will need a legal reason to evict you, and they should follow the correct procedure. Your rights depend on the type of tenancy you have.
If landlords don't follow the correct procedure the eviction may be illegal, and if they try to force you out by making life difficult for you, they may be guilty of harassment. If something like this is happening you can take action to stop it. Contact your local council and ask for the tenancy relations officer, or whoever deals with problem landlords.
What if my landlord gets a court order?
Your landlord may be able to get a court order to evict you, or a court order that says you have to leave temporarily so repairs can be carried out.
If you have to move into alternative accommodation whilst the works are going, and your tenancy has not been ended, you may be able to claim the cost of this back from your landlord.
Can I move back in?
If you want to move back in again once the work is completed, make sure you get this agreement in writing before you agree to go.
