A Guide to Preventing Homelessness

Types of Homelessness

There are many different reasons why you may be homeless or threatened with homelessness. There is a variety of homelessness prevention work that the Housing Advice Team carry out in relation to resolving tenancy issues to help people remain in their homes.

If you fall behind with your rent payments, you should speak to your landlord immediately and keep in regular contact with them. You may be entitled to Housing Benefit, Universal Credit or other help to meet your housing costs. The Council has a dedicated Homeless Team who can give advice on such matters to hopefully keep you in your home.

If you are given a notice to leave your tenancy, please contact us to discuss your circumstances. Prevention work will always begin with assessing the validity of any notice you receive from your landlord.

Homelessness prevention work will often involve help to resolve tenancy breaches such as rent arrears or anti-social behaviour, which can including Court work. Where necessary, support will be given to help identify and secure alternative accommodation. Financial assistance may be available to access the private rented sector. For example, the Council has a Tenancy Access Scheme you and your landlord can consider.

The Housing Advice Team will work closely with partner agencies and organisations in assisting you. This includes the Citizens Advice and support providers such as P3 and St Basil's.

Below is some information about the different types of notices you may receive if you are facing homelessness. When you contact us, it is important that you let the Housing Team know which type of notice you've received and if you have a copy of it.

Section 21

The law changed on 1 May 2026, which means that landlords in the private rented sector cannot use this type of notice to evict their tenants. More information can be found here about the Renters' Rights Act.

Section 21 notices can still be used if you are a social housing tenant with a Housing Association. This allows a social housing landlord to start the legal process of re-gaining possession of the property. If you receive a Section 21 notice, there are certain rules a social housing landlord must follow in order for the Section 21 notice to be valid.

For a Section 21 notice to be valid, the below documents must also have been given to you either before you were issued the notice, or at the same time as you are issued the notice:

• The Government's How to Rent Guide.
• An Energy Performance Certificate.
• A Gas Safety Certificate.
• Your Deposit Protection Certificate.

If you haven't been given these by your social housing landlord, your Section 21 notice may be invalid.

Here are some other things to check for if you receive a Section 21 notice:

• The Section 21 notice must be issued on the Government's Form 6A. If it isn't on this form, it's likely your notice is invalid.
• The Section 21 notice cannot be issued in the first 4 months of your tenancy.
• The Section 21 notice must give you at least 2 months' notice.
• Your deposit must have been protected within a certified protection scheme within 30 days of receipt of your money. If this didn't happen, your landlord must have returned the deposit to you before giving you the Section 21 notice for the notice to be valid.

You have the right to remain living at the property beyond the Section 21 notice expires, at the latest until a bailiff warrant is issued by Court. Should you choose to to leave the property prior to a bailiff warrant, the Council must assess whether there is a legal duty to provide you with interim accommodation or not.

Only a court bailiff can evict you, so a landlord must approach the court to obtain a possession order and a bailiff's warrant if they still intend to regain possession of their property after the notice has expired.

There are other things you should look out for if you receive a Section 21 notice. Please take a look at Shelter's website for more information about Section 21 notices.

Section 8

You might be given a Section 8 notice from your landlord if you are renting, either privately or from a Housing Association, and have an Assured or an Assured Shorthold Tenancy. Landlords can issue a Section 8 notice if they have evidence that you have breached the terms of your tenancy agreement. Examples of where a Section 8 notice could be used is if a tenant has accrued significant rent arrears or if they have engaged in anti-social behaviour.

The landlord must evidence a legal reason for issuing a Section 8 notice. This means that they need to prove certain “grounds" in order to regain possession of their property. The amount of notice can vary between 2 weeks and 2 months depending on the “ground" or legal reason listed in the Section 8 notice.

There are other things you should look out for if you receive a Section 8 notice. Please take a look at the below Shelter's website and information from Citizen's Advice for further guidance.

Notice to Quit

Other types of notices could be in the form of a Notice to Quit, which is a kind of eviction notice. Landlords can use it to end some tenancy or licence agreements. Your landlord must ask the Court for a possession order and a bailiffs warrant if you do not leave when the notice ends. It is an illegal eviction if your landlord or agent evicts you without the right notice and a Court order. Only Court bailiffs can carry out an eviction. A landlord can use a notice to quit if you:

• are a property guardian.
• live in housing that comes with your job.
• live with your landlord in separate flats in a converted house.
• live with a tenant who died and you cannot take over the private tenancy.
• live with a tenant who died and you cannot take over a Council or Housing Association tenancy.
• live with a tenant who has left permanently and you are not married or in a civil partnership with them.

Asked to Leave

If you are living with friends or family in their home, they may ask you to leave so they can have their property back. This may also be the case if you are a lodger, where you live in the same property as your landlord and share facilities with them (like a kitchen, bathroom or living room).

Family, friends or a live-in landlord do not have to provide written notice to ask you to leave unless you have a written contract that states this must be provided. They can verbally ask you to leave. We encourage you to ask for written notice anyway, because it is easier to resolve any problems and is a piece of evidence for us to review if you ask us for help.

If you are a lodger, your landlord should give you reasonable notice when they ask you to leave. This is what friends and family may do, too. There is no legal definition of what reasonable notice is, but we would suggest that 28 days or 1 month is reasonable to ask someone to find somewhere else to live. The amount of time your friend, family or the landlord gives you may depend on your relationship and whether you have adhered to your initial agreement.

Tied Accommodation – End of Employment Letter

Tied accommodation is where you are provided with accommodation as part of your job.

If you have tied accommodation and your job ends, there are different ways that you may be asked to leave depending on the nature of your initial agreement. If your job ends and you have been asked to leave, either verbally or in writing, please let us know so that we can review your notice and ensure that your accommodation has been ended legally.

More information can be found about tied accommodation can be found on Shelter's website.

Home Owners

It may be the loss of your employment, reduced income, increased living costs or other difficulties that you are experiencing that leads you to difficulties in meeting your mortgage commitments.

You should always try to address your difficulties as soon as possible because the sooner you request help, the sooner you will receive it.

There are a number of steps that a mortgage lender needs to follow before they can take any action against you. The consequences of not dealing with mortgage difficulties can be very severe and can lead to repossession and homelessness.

There is a lot of practical help and support that you can obtain prior to any court action at any point from a variety of organisations. You can also contact the Housing Advice Team on 01789 260 126 for further advice.

You may wish to contact the Citizens Advice directly on 0300 330 1183 or visit their website for further information. Citizens advice can offer guidance in relation to financial difficulties.

Relationship Breakdown

Relationship breakdowns are very difficult and will often have a major impact on your life. Your housing circumstances may have to change as a result of the relationship breakdown. This may be meeting the costs of your accommodation on a reduced income, knowing and exercising your housing rights, planning a move to alternative accommodation and matters regarding your children.

You can contact the Housing Advice Team for general housing advice and information specific to relationship breakdowns. Other considerations for you may be to:

• Apply to join the Council's Housing Register, Home Choice Plus.
• Make an application for welfare benefits.
• Make an application for Housing Benefit and the Council Tax Reduction Scheme or Universal Credit if you are in rented accommodation and are unable to afford your rent. You can find out what you may be entitled to using a benefit calculator.
• Consider child maintenance options.
• Consider mediation methods through organisations such as Relate.

For further information, please contact the Housing Advice Team:

• Telephone: 01789 260 126
• Email: homeless@stratford-dc.gov.uk