Can your landlord evict you without a reason?

Your landlord does not need a reason to evict you if they use a section 21 notice.

You probably have an assured shorthold tenancy (AST) if you rent privately.

Private landlords could give you a section 21 notice to end this type of tenancy.

Your landlord still needs to get an eviction order from the court before bailiffs can evict you. It can take several months for this to happen.

It's usually an illegal eviction if your landlord makes you leave without notice or a court order.

Lodgers have less rights. You can be asked to leave without a reason or court order if you live with your landlord.

When landlords use a section 21 notice

Your landlord does not need a legal reason to give you a section 21 notice.

But they will have a reason for wanting you to leave.

These are some of the most common reasons you might get a section 21.

Your landlord might want to:

• move into the property themselves

• rent your home to a different tenant

• sell the property without a tenant living there

Check your tenancy rights if your landlord sells your home.

You might get a section 21 notice if you owe rent or pay late.

The court cannot stop a section 21 eviction even if you pay off rent arrears. It's best to talk to your landlord as soon as you think you might miss a payment.

Find out about rent arrears in a private tenancy.

Your landlord might give you a section 21 if you ask them to fix problems in the property. Sometimes this type of revenge eviction can be stopped.

When a private landlord needs a reason to evict

Sometimes your landlord cannot use a section 21 notice.

For example, if:

• your landlord has broken certain rules

• you have a fixed term AST with no break clause

Your landlord could still give you a section 8 notice if they have a legal reason to evict you. For example, rent arrears.

Regulated or protected tenants have strong rights. Your landlord cannot use a section 21 or a section 8 to evict you. They need a legal reason to evict you.

Council and housing association tenants

Your landlord usually need a legal reason to evict you.

You have strong rights in a secure or assured tenancy.

The most common reason for eviction is rent or service charge arrears. But you can usually stay in your home if you can agree a repayment plan with your landlord.

The next most common reason for eviction is antisocial behaviour. Social landlords and the court take antisocial behaviour seriously.

But you could keep your home if you show the behaviour has stopped or will stop.

For example, if the behaviour was caused or made worse by:

• your mental health, a disability, drugs or alcohol - but you now get support

• someone else who no longer lives with you or visits your home

You could be evicted more easily from a:

• housing association starter tenancy

• introductory council tenancy

Living away from your home

You have to live in the property as your main home.

Your landlord could give you notice and apply for an eviction order if they think you live somewhere else.

But you can go away for a short time and keep your tenancy.

For example, if you:

• are on holiday

• visit or stay with relatives

• work away during the week

• spend time in prison, hospital or a refuge

• sometimes stay with a partner who lives somewhere else

You must plan to return and make sure the rent is paid while you are away.

Ask someone you trust to check your post if you're away for more than a month. If the landlord thinks you're not coming back, they might try to end your tenancy.

Subletting your home

It's a criminal offence to move out and sublet your home if you're a council or housing association tenant. You're likely to be evicted even if you move back in.

If you rent privately, your tenancy agreement usually says you cannot sublet the property and you can be evicted if you do.