Eviction and private sector tenancies

The law states that if a landlord wants to evict you from your home the landlord must follow the correct legal procedure.

All occupiers of private rented accommodation will be entitled to some form of notice before they may vacate their accommodation.

Most will also be entitled to remain in occupation until the landlord has obtained a possession order from the county court and then had the order enforced by a court bailiff. However the amount of protection an occupier will have will depend on the type of tenancy or licence agreement which they hold and also on when the letting agreement began.

Notice to leave
If the landlord wants a tenant to leave the notice period will depend on the type of tenancy or licence agreement which has been entered into. The law also states that some notices requesting you to leave your accommodation must be served on you in a special written form.

The period of notice which the landlord must give the occupier will depend on the type of letting agreement. If you do not have a resident landlord and you do not live with a member of the landlord's family you will be entitled to receive some form of written notice which tells you that the landlord intends to end the letting agreement.

You will probably be entitled to receive either a notice to quit or a notice seeking possession.

The length of the notice period will depend on a number of factors including; when the tenancy began, the type of tenancy or licence which you hold, and the reason why the landlord wants the property back.

The period of notice can vary from as little as two weeks to two months. However at the end of the notice period unless the occupier wishes to leave voluntarily the landlord must then go to court to obtain a possession order.
 
Special rules for resident landlord tenancies
If you have a resident landlord and you share your essential living accommodation with the landlord or a member of the landlord's family special rules may apply and the landlord may not be required to go to court to evict the tenant.

In some circumstances the landlord may only be required to give the occupier reasonable notice and after the notice period has ended the landlord may be able to carry out a peaceful eviction. If you have a resident landlord you should always get advice on your tenancy rights.

Unlawful eviction
It is a criminal offence for a landlord or an agent to unlawfully evict a residential occupier and offenders can face substantial fines or even imprisonment. The council may prosecute offending landlords depending on the quality of the evidence.