Your landlord must usually follow rules for eviction before evicting you for rent arrears.
Get advice about eviction for rent arrears
Get advice if your landlord is evicting you or taking you to court because you have rent arrears.
The landlord can ask the court to order you to pay any unpaid rent and evict you from your home. You might have to pay court costs as well as the money you owe.
Contact Civil Legal Advice on 0345 345 4 345 to see if you qualify for legal aid
Call Shelter's free national helpline on 0808 800 4444 to speak to one of our expert advisers
Use Shelter's directory to find local advice from Shelter, Citizens Advice or a law centre
How landlords deal with rent arrears
If you have rent arrears, talk to your landlord about paying back the money you owe.
Depending on your tenancy type, the landlord may need to apply for a court order if they want to evict you.
If you live with your landlord, they can give you reasonable notice to leave if you have rent arrears.
The landlord could decide to take you to court to ask for a money judgment ordering you to pay back the arrears.
Eviction of assured shorthold tenants
Most private tenants have assured shorthold tenancies.
Eviction of council tenants
Many council tenants have a secure tenancy.
Secure tenants can only be evicted after the council gets a court order and asks the court to send bailiffs.
Eviction of housing association tenants
Most housing association tenants have an assured tenancy.
Assured tenants can only be evicted after the housing association gets a court order and asks the court to send bailiffs.
Eviction of regulated tenants
Regulated tenants have strong rights. You can only be evicted after your landlord gets a court order and asks the court to send bailiffs.
You could be a regulated tenant if your tenancy started before 15 January 1989.
Eviction of lodgers and students in halls
it is also easy to evict you if you are a student in halls of residence. You'll be an occupier with basic protection.
Finding a new home after eviction for rent arrears
It may be difficult for you to find a new place to live if you don't pay your rent arrears or you are evicted.
Private landlords ask for a reference from your last landlord and might not accept you as a tenant if you've been evicted for rent arrears.
Find out more about applying to rent from a private landlord or letting agent.
Some councils may say you can't go on the waiting list for a permanent home because of rent arrears.
Your local council may decide you are intentionally homeless if you have been evicted because of rent arrears. This could mean the council offers you less help.
Get advice from Shelter if you find it difficult to find a new home after eviction. Use Shelter's directory to find a local advice centre.
Ending your tenancy while you have rent arrears
You must end your tenancy properly by giving the correct notice if you decide you want to leave.
Check your tenancy agreement or contact an adviser if you are not sure how much notice you need to give.
If you don't tell your landlord that you are leaving and give them the correct written notice, your arrears could increase. The landlord could still take legal action against you to recover the money you owe.
For most tenancies, you have to give at least four weeks' notice. You are responsible for paying the rent until the end of the notice period.
If you have a fixed-term tenancy you are usually responsible for paying the rent until the end of the fixed term. Check your tenancy agreement because there may be a clause that says you can end the tenancy early.
Your landlord may agree that you can end your tenancy immediately or on short notice. Get your landlord's agreement to do this in writing, to avoid any dispute later.
Your landlord can usually take you to court for any money that you owe, even after you have left the property.
Last updated 26 May 2015 | © Shelter
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