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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 if聽you 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 (鈥榥otice to quit鈥�) - 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鈥檙e 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鈥檙e engaging in antisocial behaviour
• there鈥檚 a 鈥榖reak clause鈥� in your contract - this allows your landlord to take back the property before the end of the fixed term

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鈥檝e 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 鈥榬easonable notice鈥� to quit. The notice does not have to be in writing.

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

• how long you鈥檝e 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鈥檝e left your belongings there. However, they must give your belongings back to you.

If you do not think you鈥檝e 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 .

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鈥檒l have increased protection from eviction.

Shelter has more information about and .

Landlords can sometimes evict tenants using 鈥榓ccelerated possession鈥�. This is quicker than a normal eviction and does not 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鈥檝e given you the required written notice in the right form
• they have not asked you to leave before the end of a fixed-term tenancy

How it works

If your landlord applies for accelerated possession, the court will send you:

• a copy of your landlord鈥檚 application
• a 鈥榙efence form鈥�

Fill in the defence form to challenge the application or write a statement outlining your circumstances.

You can get help filling in the defence form from the Housing Loss Prevention Advice Service.

You must complete and return the defence form or statement to the court within 14 days of receiving it.

If your landlord applied for possession before 3 August 2020

If your landlord wants to continue with their claim for possession they must make another application to the court. You will get a copy of your landlord鈥檚 application and instructions from the court on how to challenge the application.

The judge鈥檚 decision

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 is not in order or you鈥檝e raised an important issue)

Even if there鈥檚 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鈥檒l 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 do not leave at this point, your landlord can use bailiffs to evict you.

If your landlord goes to court to evict you, there will be a 鈥榩ossession hearing鈥�.

Before the hearing

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

• copies of 鈥榗laim for possession鈥� 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 鈥榗laim for possession鈥� forms. You need to return it within 14 days.

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

During the hearing

If you have not received advice before, you can get free legal advice and representation in court on the day of the hearing. This is under the Housing Loss Prevention Advice Service. For more information, contact the court where your case is being heard or the Housing Loss Prevention Advice Service.

If the service is not available in your area, check with the court whether there are other advice services.

You can also check if you can get legal aid.

The charity Shelter has information on .

The judge鈥檚 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 cannot be made on the day
• make an 鈥榦rder鈥� - the judge will make a legal decision on what will happen

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

• your landlord has not followed the correct procedure
• your landlord or their representative does not attend the hearing
• you鈥檝e paid any rent arrears

If the judge dismisses the case, you can stay in your home. If the landlord wants to evict you, they鈥檒l 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 鈥榦utright possession order鈥�)

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鈥檙e in an exceptionally difficult situation, you may be able to convince the judge to delay this for up to 6 weeks.

If you do not leave your home by the date given, your landlord can ask the court to evict you by asking for a 鈥榳arrant for possession鈥�. If the court gives a warrant, you鈥檒l 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 do not 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 do not 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鈥檚 legal costs

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

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

If you do not leave your home by the date given in an outright possession order, your landlord can ask the court for a 鈥榳arrant of possession鈥�.

If the court gives a warrant, you鈥檒l be sent an eviction notice that gives a date when you must leave your home. Bailiffs can evict you after this date. The costs of evicting you will be added to the money you owe.

Delaying eviction

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

The judge will not automatically agree to suspend the warrant.

Applying to suspend a warrant

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

You must tell the court you need a hearing at short notice (before your eviction date). You鈥檒l have to pay a court fee of 拢15, unless you qualify for help.

Pay the county court:

• by phone with a debit or credit card
• by post with a cheque or postal order made out to 鈥楬M Courts and Tribunals Service鈥�
• in person with cash or a debit or credit card

You can find the address and phone number for the county court online.

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 and either send or deliver it to the county court dealing with your case.

You鈥檒l have to pay a court fee of 拢119, unless you qualify for help.

Pay the county court:

• in person by cheque, cash, debit or credit card
• by post with a cheque made out to 鈥楬M Courts and Tribunals Service鈥�

Appealing against the decision

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

If you get permission to appeal, you鈥檒l have to apply for an appeal hearing very soon afterwards. You鈥檒l have to pay a court fee of 拢166, unless you qualify for help.

You鈥檒l need to get legal advice.

Contact your local council

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

It鈥檚 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, for example 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鈥檚 agent, for example a friend of the landlord moves in next door and causes problems
• threats and physical violence

Illegal eviction and tenants鈥� rights

Your landlord may be guilty of illegal eviction if you:

• are not 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鈥檚 property is repossessed by their mortgage lender, the lender must give you notice so you can find other accommodation.

Citizens Advice has information on .

What you can do

If you think you鈥檙e 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鈥檚 enough evidence of harassment or illegal eviction.

You could also contact:

• a
• a

Your 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 Ministry of Housing, Communities and Local Government has a detailed guide for tenants facing harassment and illegal eviction.