Eviction of assured tenants
This content applies to England only.
Housing laws vary between England and Scotland. Get advice relating to Scotland
Most assured tenants can only be evicted in certain circumstances. This section explains when landlords have the right to evict assured tenants and the procedures that must be followed.
If you are not sure of your rights, use our directory to find a Shelter advice centre, Citizens Advice or other advice agency in your area.
Am I an assured tenant?
Most private tenants are assured shorthold tenants. You are only likely to be an assured tenant if:
- you moved in before 1997 and did not receive a notice saying you are an assured shorthold tenant
- your landlord informed you in writing that you are an assured tenant before your tenancy started.
What are my rights?
The law provides most private tenants with rights. These depend on the type of living arrangement you have, the date you moved in and the agreement you have with your landlord.
If you are an assured tenant you have strong tenancy rights. You can only be evicted if your landlord can prove a reason (or 'ground') to the court. Depending on the ground your landlord uses, the court:
- will either have no choice but to make a possession order or
- will only make a possession order if it is reasonable to do so.
What notice am I entitled to?
Your landlord has to give you a written notice which must comply with specific legal requirements. The notice must be in a special form. The notice must include the ground on which your landlord is seeking possession. It must also state the earliest date that court action can start.
The notice has to be for a set length of time and must let you know that after that time ends your landlord can apply to the court for a possession order. The length of time on the notice depends on the reason your landlord is evicting you. It can be either 14 days or two months (see below).
Notices remain valid for one year. This means that your landlord can start court action to evict you at any time until exactly 12 months after the date the notice expires. If court action is not started within this time your landlord has to serve a new notice.
What reasons for eviction can be used?
The reasons (or 'grounds') that landlords can use to evict assured tenants are in two groups: 'mandatory grounds' and 'discretionary grounds'.
Mandatory grounds
If your landlord is using a mandatory ground the court has no choice but to make a possession order if it is satisfied that the ground exists. Examples of mandatory grounds include:
- more than eight weeks rent arrears
- repossession by mortgage lender (if prior notice of the possibility of this was given)
- redevelopment of the property.
Discretionary grounds
If your landlord is using a discretionary ground for possession the court will only make a possession order if it is reasonable to do so. Examples of discretionary grounds include:
- some rent arrears
- persistent delays in rent payments
- breach of tenancy agreement
- nuisance or illegal behaviour
- deterioration in the condition of the property.
When can the landlord apply for a court order?
Once you have been given a correct notice and this has ended your landlord can apply to the county court for a possession order.
You will be offered the opportunity to provide information to the court to help the judge decide whether to make a possession order. You can send information to the court and/or go to a hearing.
If your landlord is using a mandatory ground and the court agrees that the mandatory ground exists the court has no choice but to make a possession order. It is however possible to delay the possession order for up to six weeks if you are suffering great hardship.
If your landlord is using a discretionary ground the court will only make a possession order if it is reasonable to do so. In deciding whether it is reasonable for a possession order to be made the court can take your circumstances (such as your health and income) into account.
What happens after the court order?
After a court order takes effect if you have still not left the property your landlord can ask the bailiffs to evict you.
Could the eviction be illegal?
If your landlord tries to evict you without getting a court order they are breaking the law. There might be action you can take to stop your landlord from doing this. The council or an advice agency might be able to help.
