Evictions

Rules your landlord must follow

Your landlord must follow strict procedures if they want you to leave their property, depending on the type of tenancy agreement you have and the terms of it.

If they don’t, they may be guilty of illegally evicting or harassing you.

Rules for periodic Assured Shorthold Tenancies (ASTs)

Periodic tenancies run on a week-by-week or month-by-month basis with no fixed end date.

If you have one of these, your landlord must usually give you ‘notice to quit’ - they must do this in a certain way depending on your type of tenancy agreement and its terms.

If you don’t leave at the end of the notice period, they must apply to the court for a possession order, which gives them the right to evict you and take possession of the property.

If the court gives your landlord a possession order and you still don’t leave, your landlord must apply for a warrant for eviction - this means bailiffs can remove you from the property.

A possession order won’t take effect until you’ve been living in the property for at least 6 months.

Rules for fixed-term ASTs

Fixed-term tenancies run for a set amount of time. Your landlord must give you notice in a certain way if you’re in a fixed-term tenancy.

If you refuse to leave at the end of the notice period, the rules depend on whether the fixed term has ended or not.

Eviction during the fixed term

During the fixed term, your landlord can only evict you for certain reasons - for example:

you haven’t paid the rent
you’re engaging in antisocial behaviour
there’s a ‘break clause’ in your contract - this allows your landlord to take back the property before the end of the fixed term

A possession order won’t take effect until you’ve been living in the property for at least 6 months.

Eviction at the end of the fixed term

At the end of the fixed term, the landlord doesn’t need a reason to evict you. As long as they’ve given you correct notice, they can apply to the court for a possession order.

If the court gives your landlord a possession order and you still don’t leave, your landlord must apply for a warrant for eviction - this means bailiffs can remove you from the property.

Rules for excluded tenancies or licenses

If you have an excluded tenancy or licence (eg you live with your landlord), your landlord doesn’t have to go to court to evict you.

Your landlord only needs to give you ‘reasonable notice’ to quit. The notice doesn’t have to be in writing.

There are no set rules about what’s reasonable. It depends on:

how long you’ve been living there
how often you pay the rent
whether you get on with your landlord
how quickly the landlord needs another person to move in

They can then change the locks on your rooms, even if you’ve left your belongings there. However, they must give your belongings back to you.

If you don’t think you’ve been given enough warning to leave, contact your local council for advice. Your council can take action if your landlord has evicted you illegally.

Shelter has more information about eviction of excluded occupiers.

Rules for assured and regulated tenancies

If your tenancy started before 27 February 1997, you might have an assured or a regulated tenancy. Your landlord will have to follow different rules to evict you and you’ll have increased protection from eviction.

Shelter has more information about assured tenancies and regulated tenancies.

Accelerated possession

Landlords can sometimes evict tenants using ‘accelerated possession’. This is quicker than a normal eviction and doesn’t usually need a court hearing.

Your landlord can only do this if:

you have an assured shorthold tenancy or a statutory periodic tenancy
you have a written tenancy agreement
they’ve given you the required written notice (a minimum of 2 months) in the right form
they haven’t asked you to leave before the end of a fixed-term tenancy

You can only stop accelerated possession if you can prove your landlord hasn’t followed the rules listed above.

How it works

If your landlord applies to the court for accelerated possession, the court will send you a copy of the application.

If you want to challenge the application, you must do this within 14 days of receiving it.

A judge will decide whether to:

issue a possession order, giving your landlord the right to evict you and take possession of the property (this is normally the case)
have a court hearing (this usually only happens if the paperwork isn’t in order or you’ve raised an important issue)

Even if there’s a hearing, the court can still decide to issue a possession order.

If the judge issues a possession order

If the judge makes a possession order, you’ll normally have 14 or 28 days to leave the property. If this will cause you exceptional hardship, the judge may give you up to 42 days to leave.

If you don’t leave at this point, your landlord can use bailiffs to evict you.

Eviction court hearings

Before the hearing

You’ll know your landlord is taking you to court to evict you because you’ll be sent court papers, including:

copies of ‘claim for possession’ forms
a defence form
a date for your court hearing

The defence form is your chance to say why you have rent arrears and if you disagree with what your landlord put on the ‘claim for possession’ forms. You need to return it within 14 days.

You may have to pay extra court fees if you don’t provide information in the defence form and this results in a delay to your court case.

If you don’t attend your court hearing, it’s very likely the judge will decide you’ll lose your home.

The charity Shelter has advice on preparing for the court hearing.

During the hearing

If you haven’t received advice before, you can get free legal advice and representation in court on the day of the hearing. This is under the Housing Possession Court Duty scheme. Contact your local council or the court where your case is being heard.

If the scheme isn’t available in your area, check with the court whether there are other advice services or contact Community Legal Advice.

The charity Shelter has information on what happens at a possession hearing.

The judge’s decision

The judge could:

dismiss the court case - no order will be made and the hearing is finished
adjourn the hearing - the hearing will be delayed until later, as the judge feels a decision can’t be made on the day
make an ‘order’ - the judge will make a legal decision on what will happen

The judge will dismiss the case if there’s no reason you should be evicted. This might happen if:

your landlord hasn’t followed the correct procedure
your landlord or their representative doesn’t attend the hearing
you’ve paid any rent arrears

If the judge dismisses the case, you can stay in your home. If the landlord wants to evict you, they’ll have to restart the court process from the beginning.

Types of possession order

There are several different kinds of orders a judge can make.

Order for possession (or ‘outright possession order’)

This means you must leave the property before the date given in the order.

The date will be either 14 or 28 days after your court hearing. If you’re in an exceptionally difficult situation, you may be able to convince the judge to delay this for up to 6 weeks.

If you don’t leave your home by the date given, your landlord can ask the court to evict you by asking for a ‘warrant for possession’. If the court gives a warrant, you’ll be sent an eviction notice that gives a date when you must leave your home.

Suspended order for possession

This means if you make the payments, or obey the conditions, set out in the order, you can stay in your home. If you don’t make the payments, your landlord can ask the court to evict you.

Money order

This means you have to pay the landlord the amount set out in the order. If you don’t make the payments, action could be taken by the courts to recover the money, including:

deducting money from your wages or bank account
sending bailiffs to take away things you own

If you get into rent arrears after a money order has been made, your landlord can go to court again and ask for a possession order.

Possession orders with a money judgment

A judge can add a money judgment to any of the possession orders. This means you owe a specific amount of money, usually made up of:

your rent arrears
court fees
your landlord’s legal costs

The money judgment won’t apply if you pay your arrears and the amount set out in a suspended possession order.

However, the money judgment will apply if you don’t pay the amount set out in the suspended possession order that’s linked to the judgment. If you don’t pay, the landlord may ask the court to carry out the instructions in the order and the judgment.

Eviction notices

If you don’t leave your home by the date given in an outright possession order, your landlord can ask the court for a ‘warrant for possession’.

If the court gives a warrant, you’ll be sent an eviction notice that gives a date when you must leave your home.

If you don’t go, bailiffs can evict you. The costs of doing this will be added to the money you owe.

Delaying eviction

You can ask a judge to suspend the warrant for possession at a new hearing. This means they’ll delay the eviction or let you stay in your home if you can make payments again.

The judge won’t automatically agree to suspend the possession warrant.

Applying to suspend a warrant

To apply for a suspension of a possession warrant, you must fill out an application notice and either send or deliver it to the court.

You must tell the court you need a hearing at short notice (before your eviction date). You’ll have to pay a court fee, unless you qualify for help.

Asking the court to change your payments

If your circumstances change, you can ask a judge at a new hearing to change what you pay. To do this, you must fill out an application notice.

You’ll have to pay a court fee, unless you qualify for help.

Appealing against the decision

You can only appeal if you can show the judge made mistakes in the original possession hearing. You’ll need to ask the judge for permission to appeal at the end of the original hearing.

If you get permission to appeal, you’ll have to apply for an appeal hearing very soon afterwards. You’ll have to pay a court fee, unless you qualify for help.

You’ll need to get legal advice.

Contact your local council

If you’re worried about becoming homeless, contact your local council for homelessness help and advice.

Harassment and illegal evictions

It’s a crime for your landlord to harass you or try to force you out of a property without using proper procedures. If this happens, you may have a right to claim damages through the court.

What is harassment?

Harassment can be anything a landlord does, or fails to do, that makes you feel unsafe in the property or forces you to leave.

Harassment can include:

stopping services, like electricity
withholding keys - eg there are 2 tenants in a property but the landlord will only give 1 key
refusing to carry out repairs
anti-social behaviour by a landlord’s agent - eg a friend of the landlord moves in next door and causes problems
threats and physical violence

Illegal eviction and tenants’ rights

Your landlord may be guilty of illegal eviction if you:

aren’t given the notice to leave the property that your landlord must give you
find the locks have been changed
are evicted without a court order

Even if your landlord’s property is repossessed by their mortgage lender, the lender must give you a notice period so you can find other accommodation. Citizens Advice has information on repossession by your landlord’s mortgage lender.

What you can do

If you think you’re being harassed or threatened with illegal eviction, or the property you rent is being repossessed, talk to your local council.

It may have someone specialising in tenant harassment issues.

Local councils can also start legal proceedings if they think there’s enough evidence of harassment or illegal eviction.

You could also contact a legal adviser, a Citizens Advice Bureau or Shelter’s housing advice helpline.

You local area may also have other housing or legal advice organisations - your local council, phonebook or library should have details.

If physical violence is involved, contact the police.

For further advice, the Department for Communities and Local Government has a detailed guide for tenants facing harassment and illegal eviction.