Eviction of assured shorthold tenants
This content applies to England only.
Housing laws vary between England and Scotland. Get advice relating to Scotland
The majority of private rented tenants are assured shorthold tenants. They can only be evicted in certain circumstances and landlords must follow certain rules and procedures.
If you need to speak to an adviser, contact a Shelter advice centre, Citizens Advice, or other local advice centre. Use our advice services directory to find one.
What are my rights?
The law provides most private tenants with rights. These depend on the type of tenancy you have.
If your tenancy is for a fixed period of time such as six months (a 'fixed-term' tenancy) you can only be evicted during the fixed-term if your landlord has a legal reason (or 'ground') to do so.
If your tenancy is for an indefinite period of time (a 'periodic' or rolling tenancy) your landlord can evict you by:
- using one or more of the grounds that can be used during the fixed-term
- giving you two months' notice at any time - if they do this they do not need to prove a reason. This is sometimes called the 'shorthold ground', or the 'accelerated possession procedure'. The shorthold ground cannot be used in certain circumstances - see below.
Your landlord must give you the correct written notice then get a possession order from the court before you will have to leave.
If you are an assured shorthold tenant and your landlord has followed the correct procedure there is no way you can avoid having to leave. If your landlord has to take you to court to force you to leave you will probably have to pay the landlord's court costs. Most tenants leave before the notice ends if they are able to.
What notice am I entitled to?
Your landlord has to give you a written notice that complies with particular legal requirements depending on whether you are a periodic or a fixed-term tenant.
Fixed-term tenants
If you have a fixed-term tenancy your landlord has to have a reason (or 'ground') to evict you before the fixed-term ends (see below).
Once there is a reason to evict you the landlord must provide a written notice. This must state the 'ground' your landlord is using. 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, depending on the reason your landlord is using.
Periodic tenants
Once a fixed-term tenancy comes to an end it will automatically become a periodic tenancy if your landlord doesn't ask you to sign a new fixed-term agreement.
If you have a periodic tenancy your landlord does not necessarily need a reason to evict you. S/he may be able to a special procedure for ending an assured shorthold tenancy - it allows landlords to end an assured shorthold tenancy without a reason. The rules on how much notice you are entitled to will depend on whether this is the case:
- If your landlord is using a ground (such as rent arrears), the length of time on the notice depends on which ground your landlord is using. It can be either 14 days or two months, depending on the reason.
- If your landlord uses the shorthold ground (which s/he can only do if your deposit is held in a deposit protection scheme) the notice must:
- be in writing
- be at least two months long (or the amount of time between rent payments, whichever is longer)
- end on the last day of a rental period
- state that it is by virtue of Section 21 of the Housing Act 1988.
Your landlord can give you a notice like this at any time before the end of the fixed-term but it cannot expire until the end of the fixed-term. If the notice is served before the end of a fixed-term, the period of the notice only has to be two calendar months, and doesn't have to end on the last day of a rental period).
How long is the notice valid for?
If the landlord is using a ground, the notice remains 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 the landlord has to serve a new notice.
If the landlord is using the assured shorthold procedure, the notice will be valid indefinitely. The only exception would be if your landlord does something to suggest that a new tenancy has been started - you might be able to argue that this is the case if s/he has given you a new tenancy agreement, or increased the rent.
What grounds can the landlord use?
It is important to remember that landlords of assured shorthold tenants don't always need to prove grounds for eviction.
Landlords of assured shorthold tenants can use what is sometimes referred to as the 'assured shorthold ground' or 'section 21 procedure' to evict a tenant. This will be the case if the tenancy is periodic, or the notice ends at the end of the fixed-term.
If a ground is needed (ie if they want to evict you before the end of the fixed-term, or without giving two months' notice), the most common grounds are because:
- you have rent arrears
- you are constantly or regularly late with the rent
- you have broken the terms of your tenancy, for example by subletting when you are not allowed to
- you have allowed the condition of the property or furniture provided to get worse
- you have caused nuisance or annoyance
- you landlord's mortgage lender is repossessing the property.
What does the landlord have to do to apply for a court order?
Once your landlord has served a correct notice and this has ended they can apply to the county court for a possession order.
Periodic tenants
If your landlord is evicting you without having to prove a ground (as is the case for most assured shorthold tenants) the court normally has no choice but to make a possession order. The possession order gives the date you have to give up your accommodation. The date is normally within 14 days of the court making the order.
However, there are exceptions which mean that your landlord cannot use the assured shorthold ground. You should contact an adviser immediately if any of the following situations apply to you:
- Your landlord has not given you correct notice.
- You think you have a different type of tenancy (ie you are not an assured shorthold tenant).
- Your landlord is required by law to protect your deposit in a deposit protection scheme but has failed to do so.
- You live in a house in multiple occupation that the law says requires a license (this will be the case if the property if it is at least three storeys high and contains five or more people) but your landlord has failed to get one.
You may be able to ask the court for more time before the possession order takes effect. This can only be done for up to six weeks and only if you are suffering great hardship.
Fixed-term tenants
If you are being evicted within the fixed-term your landlord will have to provide evidence to the court of the reason you are being evicted. Depending on the reason your landlord is using the court will either:
- have to make a possession order
- have to decide whether it is reasonable to make a possession order.
If you have over eight weeks' rent arrears, or if the property is being repossessed by your landlord's mortgage lender, it is likely that the court will have no choice but make a possession order. In other cases the court will probably 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.
If you are being evicted after the fixed-term ends the situation is the same as for periodic tenants.
What happens after the court order?
If you still have not left the property after a court order takes effect your landlord can ask the bailiffs to evict you.
Could the eviction be illegal?
If your landlord harasses you or tries to evict you without following the correct procedure they are breaking the law. There might be action you can take to stop harassment or illegal eviction. The council may be able to take action against your landlord, or you may be able to get help dealing with her/him from a local advice agency. Use our directory to find one.
