Eviction of assured shorthold tenants

Coronavirus update:

You're now entitled to 3 months’ notice. This won’t apply if you got your notice before 26 March 2020.

But all court action for eviction has been suspended until the end of June, so your landlord can't take things further at the moment.

How you can be evicted

Your landlord must follow a legal process when they want to end your assured shorthold tenancy.

Most private rented tenants are assured shorthold tenants.

There are two 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.

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.

You will have at least 2 months’ notice but you don't need to leave when this ends.

Your landlord must follow certain rules for the notice to be valid. Your landlord must go to court to evict you lawfully.

You can challenge an invalid notice in court.

The full eviction process takes an average of 7 to 8 months.

If your landlord tries to evict you themselves without going to court, this will be an illegal eviction.

Ask your local council for help if you're facing eviction

Section 8 notice

Your landlord can issue a section 8 notice at any time during your tenancy.

Your landlord must give a legal reason to end your tenancy - for example because you have:

  • rent arrears
  • broken the terms of your tenancy agreement

They must follow the correct legal process and apply to a court to evict you.

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 26 Sep 2019 | © Shelter

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