Renters who have basic protection from eviction

Renters with basic protection from eviction have fewer rights than most other tenants.

Your landlord has to get a court order to evict you. But they do not have to give the court a reason why they want the property back.

If you have a rolling or periodic agreement, they will also have to give you a legal notice called a 'notice to quit'.

You usually have basic protection from eviction if:

• your housing comes with your job

• you are at university and live in the halls of residence

• 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.

Property guardians

You probably have basic protection from eviction if you're a property guardian.

But you could have an assured shorthold tenancy. For example, if you live alone in the property or have a room with a lock on your door and no one else comes in.

Students in halls of residence

You have basic protection from eviction if you live in university owned halls of residence.

But you could have an assured shorthold tenancy if you live in halls of residence owned by a private company. For example, if you have a lock on the room door and no one is allowed to come in.

You might only have basic protection if the company provides cleaning or other services in your room.

Housing that comes with your job

You usually have basic protection if either:

• your work contract says that you have to live in the accommodation to do your job

• it's necessary for you to live in housing provided by your employer to do your job

Find out more about accommodation that comes with your job.

If you live there rent free or share living space like a bathroom or kitchen with your employer who also lives there, you are an ‘excluded occupier’. This means you can be evicted without a court order.

Find out more about eviction of excluded occupiers.

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 shorthold tenancy if it's a purpose built block of flats.

But you have fewer rights if you're a lodger who shares living space with your landlord. For example, a kitchen, bathroom or living room.

Hallways, landings, stairs and storage areas do not count as shared living space.

Your rental agreement and your rights

You can have a tenancy or a licence. But tenants usually have stronger rights than renters with licence agreements.

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

But you might have a licence with basic protection if your agreement says your landlord can come in. For example, to clean or do laundry.

If you have a tenancy, your landlord:

• cannot come into your home without permission

• is responsible for most repairs

You could have additional rights or responsibilities written into your agreement.

You probably have a licence with basic protection from eviction if you're a property guardian, student in halls of residence or you live in housing that comes with your job. Check your agreement to find out what repairs your landlord must do.

How your landlord can end your agreement

Your written agreement could be either a:

• rolling or periodic agreement

• fixed term agreement

You usually have a rolling or periodic agreement if you do not have a written contract.

Rolling or periodic agreements

These do not have a set end date. Your landlord must give you a notice to quit.

A landlord's notice to quit must give you at least 1 month if you pay rent monthly.

Your landlord must ask the court for a possession order if you do not leave when the notice ends.

Fixed term agreements

Your tenancy or licence ends when your fixed term ends.

Your landlord has to ask the court for a possession order if:

• you do not leave when your fixed term ends

• they do not want you to stay

They do not have to give you a notice before going to court.

If there is a break clause in your fixed term agreement

Your landlord can try and end your fixed term early if there's a break clause in your agreement.

Break clauses must be fair or they cannot be used.

Check the wording of any clauses in your agreement that say you or your landlord can end it early.

To end your fixed term early, your landlord has to:

• give you a notice that exactly matches what the break clause in your agreement says

• get a court order if you do not leave when the notice ends

How you can end your agreement

You can end a rolling or periodic agreement by giving your landlord a legal notice in writing.

The notice is also called a notice to quit.

Your notice must give your landlord at least:

• 1 month if your rent is due monthly

• 4 weeks if you rent is due weekly

It must also end on the first or last day of a period of your agreement.

You need to give a longer notice if that’s what your agreement says.

Your notice to quit will end the tenancy for all joint tenants so discuss it first with anyone you live with.

You can use our notice to quit template.

If you have a fixed term agreement

You can only end a fixed term agreement early if either:

• there's a break clause in the agreement

• your landlord agrees to end the tenancy early

You can usually move out at the end of a fixed term agreement without giving formal notice.

You should still let your landlord know you're leaving so you can sort out returning the keys and getting any deposit back.

Paying a deposit and getting it back

Your landlord can ask you to pay a deposit. But they do not need to protect it in a deposit protection scheme unless your agreement says they must.

At the end of your tenancy your landlord can take money from your deposit if you:

• owe rent

• damage the property

You can make a money claim through court if your landlord keeps any of your deposit without a good reason.