Notice from the landlord
This content applies to England only.
Housing laws vary between England and Scotland. Get advice relating to Scotland
Most private tenants can only be evicted if the landlord follows specific legal procedures. These usually start when your landlord gives you notice that you will have to leave. This section explains what has to be included in a notice and when it can be given to you.
If your landlord wants you to leave, use our eviction checker to find out what process they are legally required to follow. You can also get advice from a Shelter advice centre, Citizens Advice, the council or another local advice centre. Use our directory to find agencies in your area.
Does my landlord have to give me a notice?
Most tenants are entitled to a written notice to leave a property even if your landlord did not give you a written agreement to live there in the first place. The main exception to this is if you are an excluded occupier (see below). This will be the case if you share living accommodation such as a kitchen or bathroom with your landlord. In this case the landlord only has to verbally ask you to leave.
What does the notice have to include?
The information that has to be included in the notice varies depending on the type of tenancy you have. The information that is usually required includes:
- your name and address
- your landlord's name and address
- the date you have to leave
- the reason your landlord is evicting you (if required)
- information about where you can get advice.
When can my landlord give me notice?
When you can be given the notice depends on the reason your landlord is evicting you and the type of tenancy you have.
If you have a fixed-term tenancy (for a set period, such as six months) your landlord can only give you notice during the fixed-term if:
- they can prove a legal reason to evict you (or 'ground for possession')
- the notice does not expire until after the fixed-term has ended
- there is a 'break clause' in your tenancy agreement.
If you have a periodic tenancy (one which runs from week to week, or month to month) your landlord can give you notice any time as long as the notice:
- is for the correct length of time
- contains any other information which may be required depending on what sort of tenancy you have.
When do I have to leave?
The notice must specify a date by which your landlord wants you to leave. There are rules about the earliest this date can be. These depend on the type of tenancy you have and the reason why your landlord is evicting you.
You can leave on this date or if you have not got anywhere else to go you can stay until your landlord gets a possession order from the court. See below for more information about this option.
What if I have an assured shorthold tenancy?
If you are an assured shorthold tenant, the rules on how much notice you are entitled to depend on:
- whether you have a 'fixed-term' tenancy (ie for a set period of time such as six months) or a 'periodic' tenancy (ie rolling from month to month), and
- whether the landlord can prove a legal reason for the eviction ('grounds for possession').
If your landlord can prove a ground for possession, you are entitled to either two months' or two weeks' notice, depending on the reasons for the eviction.
If your landlord cannot prove a legal reason, s/he can still evict you, but must give you two months notice. This procedure is sometimes called the 'shorthold ground'. If you paid a deposit after 5 April 2007 it can only be used if your landlord has put your deposit into a Government-backed deposit protection scheme. If you have a fixed-term tenancy the notice cannot come into effect before the fixed-term has ended.
For more information on your rights, please see the section on eviction of assured shorthold tenants.
What if I have an assured tenancy?
If you are an assured tenant your landlord must give either two months' or 14 days' notice depending on the reason you are being evicted. If the reason is because you have done something wrong (such as rent arrears or antisocial behaviour) the notice will be at least 14 days. If you are being evicted for any other reason the notice must be at least two months.
For more information on your rights, please see the section on eviction of assured tenants.
What if I have a regulated tenancy?
If you are a regulated tenant you can only be evicted if your tenancy is at a certain stage (known as the statutory stage). The court will not make a possession order unless the landlord has a good reason for evicting you.
If your regulated tenancy is still at its contractual stage the landlord has to give a notice to end the contractual tenancy before applying for a court order.
What if I am an occupier with basic protection?
If you are an occupier with basic protection the length of notice your landlord must give depends on how often you pay your rent. If you pay rent weekly you must be given four weeks' notice. If you pay monthly you must be given one months' notice. If you pay rent quarterly you must be given three months' notice.
The notice must also:
- end on a day that your rent is due
- explain your landlord must get a court order before you have to leave
- contain information about where you can get advice.
What if I am an excluded occupier?
Excluded occupiers (such as people who share facilities with their landlord) are not entitled to written notice. If you are an excluded occupier, you are only entitled to 'reasonable' notice. This can be verbal.
Please see the section on eviction of excluded occupiers for more information about your rights and get advice immediately if you are asked to leave - you will probably need to move quickly. Use our directory to find an adviser.
What happens after the notice ends?
Unless you are an excluded occupier you don't have to leave until the landlord gets a possession order from the court. This means that if you can't leave when the notice ends you have a bit more time to find somewhere else to live. However, if there is a possession hearing, you might have to pay your landlord's court costs (see below).
If you receive a letter from your landlord asking you to leave, get advice immediately to check whether you will have to leave immediately or not. You should find out whether you can do anything (such as pay off your rent arrears) to prevent your landlord evicting you. If you can do this you will not normally be expected to pay your landlord's court costs. Talk to an adviser if you are thinking of staying after your notice ends.
Your landlord can apply to court for a possession order as soon as the notice ends. If this happens the court will contact you.
Will I have to pay court costs?
Your landlord has to pay money to the court to get a possession order. Just to apply for an order costs £120. To get a possession order against an assured shorthold tenant may cost about £200 in total if the case is straightforward. The costs may be much higher than this for more complicated situations or if your landlord uses a solicitor.
If your landlord's claim is successful and the court decides to evict you it is likely that you will end up having to pay your landlord's costs as well as any expenses you have incurred yourself. If you do not or cannot pay you might end up with a court debt.
