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England

Basic protection from eviction

Basic protection means your landlord needs a court order to evict you.

But they do not need to tell you or the court why they want the property back.

Should you also get a notice?

If you have a rolling tenancy or licence agreement, your landlord must give you a notice to quit.

If you have a fixed term agreement, your landlord can apply for a court order to evict you when your contract ends. They do not need to give you notice but you will get a letter from the court.

Only court bailiffs can evict you. It's an illegal eviction if your landlord or agent forces or pressures you to leave.

Who has basic protection from eviction?

You probably have basic protection from eviction if:

  • your home comes with your job

  • you live in student halls at university

  • you are a property guardian and do not have a tenancy

  • you and your landlord live in separate flats in a converted house

You might also have basic protection from eviction if you live in a hostel or hotel and have a licence agreement.

Check your tenancy type if you're not in any of these situations.

Housing that comes with your job

Check your employment contract to see if it says where you must live.

You usually have basic protection from eviction if either:

  • you need to live there to do your job

  • your employment contract says you need to live there to do your job properly

But you can be evicted without a court order if either:

  • you do not pay rent

  • you share living rooms like a bathroom or kitchen with your employer

Example: housing that comes with a job

Mona works as a carer in sheltered housing.

Her employment contract says she must live in an onsite flat, so she can come into work at short notice.

Mona's rent is taken out of her wages.

Mona has basic protection from eviction.

If you rent from your employer but do not need to live there

You probably have an assured tenancy.

This gives you stronger rights.

Example: housing is not connected to a job

Amy works in a shop. She rents a flat above the shop.

Her employer owns the flat and the shop.

Amy could live somewhere else but she wanted to live close to her workplace.

Amy has an assured tenancy.

More on housing that comes with your job.

Students in halls of residence

Your landlord might be:

  • your university or college

  • a private company providing student housing

Most of your rights come from your tenancy or licence agreement so read it carefully.

You probably have a fixed term agreement. For example, an agreement that starts in September and ends in June.

Most students in halls of residence move out when the agreement ends. If you do not leave your landlord can apply for a court order to evict you.

Property guardians

Most property guardians have licence agreements not tenancies.

You still have basic protection from eviction. Your home should also be safe.

If you share with other property guardians, the company might need an HMO licence.

More on the rights of property guardians.

Living in the same building as your landlord

You have basic protection from eviction if you and your landlord live in separate flats in a converted house.

You probably have an assured tenancy if it's a purpose built block of flats.

But you are a lodger if you share a kitchen, bathroom or living room with your landlord. Lodgers can be evicted without a court order.


Last updated: 1 May 2026

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