Evicted or asked to leave
This content applies to England only.
Housing laws vary between England and Scotland. This page applies to England only. Get advice relating to Scotland
This section explains what you can do if you've been asked to leave where you live or if you are facing eviction.
Every situation is different and the laws that can protect you from eviction are very complicated. It is always a good idea to get advice about your particular situation and to check whether you can stop or delay the eviction.
How can an adviser help me?
A Shelter advice centre or Citizens Advice can look into all the options and check what your rights are. An adviser may be able to help you avoid becoming homeless by:
- finding out what your rights are to remain in your home
- negotiating with your landlord or lender to stay
- applying for benefits to help you pay your rent or mortgage
- negotiating an agreement to pay off arrears
- taking action to improve the condition of your home
- finding somewhere else to live
- helping you find mediation services to help resolve a family or domestic dispute
- helping find information on neighbourhood disputes.
Whether you have to leave or not depends on a number of things including:
- whether you are an owner or tenant
- when you moved in
- whether your landlord lives with you.
There can be many other factors that affect your rights. Use the advice services directory to find one near you.
When you are asked to leave, you should get advice immediately.
What if I live with friends and relatives?
If you are staying with friends or relatives (other than your partner, spouse or civil partner - see below) or are a lodger in your landlord's home, you will probably have to leave unless the person agrees to let you stay longer. It is usually worth asking if you could stay a bit longer while you try to find somewhere else to live.
Can my partner, spouse or civil partner evict me?
If you have been asked to leave by your partner, wife/husband or civil partner you may have rights to stay. If you have already left, you may have the right to return. You may need to get a court order to exercise these rights. Please see the section on relationship breakdown for more information.
Can my landlord or lender evict me?
If you are a home owner or a tenant you do not always have to leave just because you've been told to. In most cases there is a legal process that lenders and landlords must follow to get a court order to make you leave. The process varies depending on what sort of tenancy you have, but if it is not followed, your landlord or lender may be guilty of carrying out an illegal eviction. If you are renting, use our eviction checker to find out what steps your landlord must follow if they want to evict you. If you are a homeowner, see the section on repossession for more information.
A verbal notice is not usually valid unless you share your landlord's home, and if a lender or landlord tries to make you leave when they should have got a court order, this is illegal. Some landlords try to force tenants to leave by harassing them. Harassment includes:
- making threats
- cutting off services such as gas and electricity
- changing the locks while you are out.
If this happens to you, get advice immediately from your council's tenancy relations officer, a housing aid centre or citizens advice bureau.
My landlord is taking me to court
To evict a tenant through the court, a landlord must be able to prove that:
- they have followed the correct procedure
- the criteria for eviction are met.
These criteria vary depending on the type of tenancy - use our eviction checker to find out what steps your landlord must follow. They may include, for example, showing that the tenancy agreement has ended or that there is a reason for eviction, such as unpaid rent.
If the court agrees, it will make an order giving you a short time before you have to leave. This is usually between 14 and 28 days. If you don't leave, the landlord can ask for a warrant and the court bailiffs will be able to evict you.
Sometimes the court delays making an order or it may decide not to make an order. This could be because the landlord has not followed the proper legal process. With some types of tenancy, if the court thinks that eviction is too harsh, they can delay making an order or not make an order at all.
If you have been told to leave by your landlord or have been given court papers, get an adviser to check if everything is correct. An adviser may help to see if you can stop or delay the eviction. Use the advice services directory to find advice agencies in your area.
My lender is taking me to court
The process here is similar to a landlord evicting a tenant. The lender must have a reason for applying for a court order and the court has to agree.
Most lenders take action to repossess a home because the owners haven't paid the mortgage. If you are in mortgage arrears, get advice before your lender takes action. If your lender has already applied to court you should still get advice as it may be possible to stop or delay eviction.
What if I have no choice but to go?
If you've tried all the ways to avoid becoming homeless without success, a housing adviser may be able to help you:
- look for somewhere else to live, either in the short or long term
- apply to the council for emergency help.
If your problems started because of financial difficulties, your adviser can check whether you are receiving everything you are entitled to, see if you can cut down on non-essential spending and/or help you to work out a suitable repayment plan to clear your debts.
Can I move back in after I've been evicted?
After eviction, you need to get advice to see if there is any reason for you to be allowed to move back in. For example, you may be allowed back if:
- your partner, wife/husband or civil partner evicted you following a domestic dispute
- your landlord illegally evicted you without a court order.
Even if you were evicted legally, there are some circumstances where you can apply to court to be allowed to move back in. However, it is rare for this to happen.
