Eviction
(Content applies to England)
All landlords have to follow special legal procedures in order to evict tenants. There are laws to protect you. Whether or not your landlord can evict you and how the process works will depend on the type of tenancy you have. If your landlord doesn't follow the right procedure, s/he may be committing a criminal offence.
It's never too late to get help, but the sooner you do so the better.
Are you having serious problems with a landlord?
If what they are doing counts as harassment or illegal eviction, they may be committing an offence and can be prosecuted
Private landlords usually have to follow special legal procedures in order to evict tenants. They sometimes need a particular legal reason to evict tenants but in many cases they don't. Whether your landlord can evict you and how depends on the type of tenancy you have.
If you have received legal papers or your landlord has told you to leave, you should contact an adviser to see if there's anything you can do to keep your home.
Does my landlord have to give me a notice?
Most tenants are entitled to a written notice to leave a property even if your landlord did not give you a written agreement to live there in the first place. The main exception to this is if you are an excluded occupier. This will be the case if you share living accommodation such as a kitchen or bathroom with your landlord. In this case the landlord only has to ask you to leave verbally.
What does the notice have to include?
The information that has to be included in the notice varies depending on the type of tenancy you have. The information that is usually required includes:
- your name and address
- your landlord's name and address
- the date you have to leave
- the reason your landlord is evicting you (if required)
- information about where you can get advice.
When can my landlord give me notice?
When you can be given the notice depends on the reason your landlord is evicting you and the type of tenancy you have. If you have a fixed term tenancy your landlord can only give you notice during the fixed term if:
• there is a reason (or 'ground') to evict you, or
• the notice does not expire until after the fixed term has ended, or
• there is a 'break clause' in your tenancy agreement. If you have a periodic tenancy your landlord can give you notice any time as long as the notice:
• is for the correct length of time
• contains any other information which may be required depending on what sort of tenancy you have.
When do I have to leave?
The notice must specify a date by which your landlord wants you to leave. There are rules about the earliest this date can be. These depend on the type of tenancy you have and the reason why your landlord is evicting you. You can leave on this date or if you have not got anywhere else to go you can stay until your landlord gets a possession order from the court.
Assured shorthold tenants
If you are an assured shorthold tenant your landlord must give two months' notice. If you have a fixed term tenancy the notice cannot come into effect before the fixed term has ended. You can only be evicted during the fixed term if your landlord can prove a reason. The reasons your landlord could use are the same as for assured tenants (see below).
Assured tenants
If you are an assured tenant your landlord must give either two months' or 14 days' notice depending on the reason you are being evicted. If the reason is because you have done something wrong (such as rent arrears or antisocial behaviour) the notice will be at least 14 days. If you are being evicted for any other reason the notice must be at least two months.
Regulated tenants
If you are a regulated tenant you can only be evicted if your tenancy is at a certain stage (known as the statutory stage). The court will not make a possession order unless the landlord has a good reason for evicting you. If your regulated tenancy is still at its contractual stage the landlord has to give a notice to end the contractual tenancy before applying for a court order.
Occupiers with basic protection
If you are an occupier with basic protection the length of notice your landlord must give depends on how often you pay your rent.
If you pay rent weekly you must be given four weeks' notice.
If you pay monthly you must be given one months' notice.
If you pay rent quarterly you must be given three months' notice.
The notice must also:
• end on a day that your rent is due
• explain your landlord must get a court order before you have to leave
• contain information about where you can get advice.
Excluded occupiers
Excluded occupiers (such as people who share facilities with their landlord) are not entitled to written notice. If you are an excluded occupier, you are only entitled to 'reasonable' notice. This can be verbal.
What happens after the notice ends?
Unless you are an excluded occupier you don't have to leave until the landlord gets a possession order from the court. This means that if you can't leave when the notice ends you have a bit more time to find somewhere else to live. If your landlord ends up having to take you to court to make you leave you might have to pay their court costs (see below).
If you receive a letter from your landlord asking you to leave, get advice immediately to check whether you will have to leave or not. You should find out whether you can do anything (such as pay off your rent arrears) to prevent your landlord evicting you. If you can do this you will not normally be expected to pay your landlord's court costs.
Talk to an adviser if you are thinking of staying after your notice ends. Your landlord can apply to court for a possession order as soon as the notice ends. If this happens the court will contact you. Unless you are an excluded occupier you don't have to leave until the landlord gets a possession order from the court. This means that if you can't leave when the notice ends you have a bit more time to find somewhere else to live. If your landlord ends up having to take you to court to make you leave you might have to pay their court costs (see below). If you receive a letter from your landlord asking you to leave, get advice immediately to check whether you will have to leave or not. You should find out whether you can do anything (such as pay off your rent arrears) to prevent your landlord evicting you. If you can do this you will not normally be expected to pay your landlord's court costs. Talk to an adviser if you are thinking of staying after your notice ends.
Your landlord can apply to court for a possession order as soon as the notice ends. If this happens the court will contact you.
Will I have to pay court costs?
Your landlord has to pay money to the court to get a possession order. Just to apply for an order costs approximately £120. To get a possession order against an assured shorthold tenant may cost about £200 in total if the case is straightforward. The costs may be much higher than this for more complicated situations or if your landlord uses a solicitor. If your landlord has to take you to court to evict you it is likely that you will end up having to pay their costs. If you do not or cannot pay you might end up with a court debt.
Last Updated: 18/12/2018