I am being evicted

You'll need help right away if your landlord threatens to evict you.

You are likely to have some rights in the accommodation you are living in. Before you can find out what your rights are, you need to know what type of tenancy you have.

Tenancies can exist even if you don’t have a written agreement.

Eviction by a registered housing provider

If your landlord has a court order to take back your home and evict you, you need to talk to the court, not your landlord, to try to stop it. If you might be evicted, get help from a lawyer quickly to understand what you can do.

Eviction by private landlord

If you rent from a private landlord, you will get a tenancy agreement. This paper says how long you can stay, what you must do, and what your landlord must do. Make sure you understand it before you sign.

Assured shorthold tenancies (AST)

Most private tenants have an assured shorthold tenancy (AST). If you have an AST, your landlord or agent must follow the law to evict you.

You can find more information about eviction below.

If your landlord has given you a notice, you might be able to get help to pay your rent.

How you can be evicted

Your landlord must give you a legal notice as a first step towards ending your tenancy.

Currently assured shorthold tenants must be given either:

• a section 21 notice
• a section 8 notice

Your landlord might give both types of eviction notice at the same time.

Section 21 notice

• A section 21 notice is the most common way for your landlord to start the eviction process.
• It's sometimes called a 'no fault' notice because your landlord does not need to give a reason for a section 21.
• You do not have to leave when the notice ends unless you're ready to do so. 
• Your landlord can start court action after the notice period has ended. They have 4 months to do this. If they do not apply to court within this time the notice will expire and cannot be used.
• Your tenancy rights and responsibilities continue if you stay past the date on a section 21.
• Keep paying your rent and only agree to a move out date if you've found somewhere else to live.

Section 8 notice

Your landlord can only give you a section 8 notice if they have a legal reason. They must prove this reason in court.

Most section 8 notices are for not paying rent, but they can also be for things like bad behaviour.

Your landlord can go to court when the notice period ends. The notice will expire if your landlord does not go to court within a year.

Assured tenants of housing associations and council tenants

• Most housing association and council tenants have an assured tenancy.
• A housing association can only evict you if there is a legal reason why you should leave your home.

This advice and the help is free. Your income does not matter.

What happens if I am evicted?

The Court will tell you the date and time that the bailiff will arrive.

The locks will be changed and any belongings you have in the property will be removed.

You will need to find a new place to live for you and anyone who lives with you.