Risk of eviction?

This content applies to England only.

Housing laws vary between England and Scotland. This page applies to England only. Get advice relating to Scotland

Landlords are legally required to carry out certain repairs. But you need to consider the risk that your landlord might try to evict you rather than do the work. Would you know your rights if things turn nasty? What is it you want from taking action? If you are leaving anyway you may just want to take action to compensate you for the landlord's failure to carry out repairs. But if you want to stay, you need to be careful.

Does the landlord have the right to evict me?

This depends on the type of tenancy you have and whether there are any legal reasons for the eviction. Some private tenants can be evicted without a legal reason, while others can only be evicted in certain circumstances.

Remember, not all landlords will try to evict you, even if they can. It is always worth trying to negotiate.

Assured shorthold tenants

Most private tenants have an assured shorthold tenancy. If this is the case, your landlord does not need a legal reason to evict you. Or they may decide not to renew your contract when it ends.

If they want to evict you, the landlord must give you the correct amount of notice (which might mean allowing you to stay until the end of your agreement) and follow the correct procedure. If this is done, the courts will automatically agree to evict you.

Think carefully before you decide what to do. If there's not much time left on your agreement, your landlord might decide to give you notice rather than do the work. But if you've still got months to go, and your home is unsafe, it's may be worth taking action - even if it means that you have to leave at the end of your contract.

Beware: If your landlord can prove a legal reason for eviction (for example because you have been withholding rent) your landlord may be able to evict you more quickly. Depending on the seriousness of the problem, it may be unwise to take action in this situation. Talk to an adviser before you decide what to do.

Assured tenancies

Assured tenants have very strong rights and can only be evicted in some circumstances. In most cases, the landlord will have to prove that you have done something wrong, like not paying the rent. It is probably fairly safe to take action to force your landlord to do the repairs providing your landlord would not be able to prove another legal reason for eviction (rent arrears, for example).

Regulated tenancies

Regulated tenants have more rights than other private tenants. It will be very difficult for your landlord to evict you, so it worth taking action to get repairs done.

But make sure you don't have rent arrears, or give your landlord any other reason to evict you. If your having problems, contact a local advice centre immediately. Do not give up your home, as you will probably lose important rights and will probably have to pay a lot more rent if you move somewhere else.

Occupiers with basic protection

If you're an occupier with basic protection, you have more limited rights than most private tenants. Your landlord can almost certainly get an order to evict you but s/he has to follow the correct procedure. You are entitled to at least four weeks' notice, but will not be able to stop the eviction form going ahead. Think carefully before you decide, and don't take action until you are sure that you'll be able to find somewhere else.

Excluded occupiers

If you're an excluded occupier, you have very little protection from eviction. The landlord only has to give you reasonable notice if they want you to leave. This could be verbal, and might not give you much time. If they refuse to do the work that's needed, you may have to put up with things as they are or look for somewhere else.

What if my landlord turns nasty?

Some landlords might try to evict you without following the correct procedure, or make life difficult for you if you try to force them to do repairs. For instance, they might change the locks while you are out, or start repairs and leave them unfinished. If something like this happens, your landlord may be guilty of illegal eviction or harassment. These are serious criminal offences - if you're landlord is being unreasonable, you should contact a local advice centre to find out how you can take action. Use our directory to find one.