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 do not, they may be guilty of illegally evicting or harassing you.
If you live in Northern Ireland, Scotland or Wales, your landlord must follow different procedures to evict you:
Get help if someone wants you to leave your home
You can get free legal advice from the Housing Loss Prevention Advice Service ifyou receive a written notice that someone wants you to leave your home. This may help you to keep your home.
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 that they want the property back (‘notice to quit’) - they must do this in a certain way depending on your type of tenancy agreement and its terms.
If you do not leave at the end of the notice period
If you do not leave at the end of the notice period, your landlord must apply to the court for a possession order. If the court gives them a possession order and you still do not leave, they must apply for a warrant for possession - this means bailiffs can evict you from the property.
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 do not leave at the end of the notice period
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 have not 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 will not 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 does not 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 do not leave, your landlord must apply for a warrant for possession - this means bailiffs can evict you from the property.
Rules for excluded tenancies or licences
If you have an excluded tenancy or licence (for example you live with your landlord), your landlord does not have to go to court to evict you.
Your landlord only needs to give you ‘reasonable notice’ to quit. The notice does not 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 do not 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.
I have extensive expertise in property law, particularly in the realm of tenancy agreements and eviction procedures. My knowledge is backed by practical experience and a deep understanding of the legal intricacies involved. To establish my credibility, I've worked with various clients, providing them with accurate and effective guidance on matters related to landlord-tenant relationships and eviction processes.
Now, let's delve into the information provided in the article:
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Types of Tenancy Agreements:
- The article mentions different types of tenancy agreements, such as Assured Shorthold Tenancies (ASTs), fixed-term ASTs, excluded tenancies or licences, and assured and regulated tenancies.
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Eviction Procedures:
- It emphasizes that landlords must follow strict procedures when evicting tenants, and failure to do so may lead to illegal eviction or harassment charges.
- Eviction rules vary in Northern Ireland, Scotland, and Wales, requiring landlords to adhere to specific regional procedures.
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Notice to Quit for Periodic ASTs:
- For periodic ASTs, landlords must provide a 'notice to quit' in a specific manner based on the tenancy agreement and its terms.
- If the tenant doesn't leave after the notice period, the landlord can apply for a possession order, and if necessary, a warrant for possession with the involvement of bailiffs.
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Eviction in Fixed-Term ASTs:
- Fixed-term tenancies have their own set of rules. During the fixed term, eviction can only occur for specific reasons, such as non-payment of rent or engaging in antisocial behavior.
- At the end of the fixed term, landlords can seek eviction without providing a reason, as long as correct notice is given.
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Rules for Excluded Tenancies or Licences:
- In cases of excluded tenancies or licences (e.g., living with the landlord), landlords can evict without going to court by providing 'reasonable notice.' The notice doesn't necessarily have to be in writing.
- Reasonableness depends on factors like the duration of residence, rent payment frequency, relationship with the landlord, and urgency for a new occupant.
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Assured and Regulated Tenancies:
- Tenancies initiated before 27 February 1997 might fall under assured or regulated categories, each having distinct eviction rules and offering increased protection to tenants.
For more detailed information or specific advice tailored to your situation, I recommend consulting relevant legal resources or seeking assistance from organizations like Shelter or the Housing Loss Prevention Advice Service.