How you can be evicted
Your landlord must follow a legal process if they want to end your assured shorthold tenancy.
There are 2 different eviction procedures your landlord can use.
These start with giving you either a:
- section 21 notice
- section 8 notice
Your landlord can issue both types of eviction notice at the same time.
If your landlord tries to evict you themselves without going to court, this will be an illegal eviction.
Keep paying your rent through the eviction process. You have the same rights and responsibilities as usual
Section 21 notice
A section 21 notice is the most common way for your landlord to start the eviction process. Your landlord doesn’t need to give a reason to end your tenancy with this notice.
A section 21 notice must give you at least
- 2 months if given before 26 March 2020
- 3 months if given on or after 26 March 2020
You don't need to leave when this ends. Your landlord must go to court to evict you lawfully.
Your landlord must follow certain rules for the notice to be valid. You can challenge an invalid notice in court.
From 24 August the courts start to deal with evictions again, following a pause during the coronavirus outbreak.
The court process takes time and may take longer than usual due to a backlog of cases.
Ask your local council for help if you're facing eviction
Section 8 notice
Your landlord can give you a section 8 notice if they have a legal reason or 'ground' to end your tenancy. For example, rent arrears.
You're entitled to a 3 month notice period if you get it on or after 26 March 2020.
If you were given a notice before 26 March, the notice period was either 2 weeks, 4 weeks or 2 months depending which grounds your landlord included.
Your landlord must follow the legal process and apply to court for a possession order.
If you want to end your tenancy
If you want to leave your home at any stage during the eviction process, you must still end your tenancy correctly.
Different rules apply if you have a:
Last updated 30 July 2020 | © Shelter
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