Eviction from a home you are renting

All homes rented from a private landlord after 28 February 1997 will automatically be an assured shorthold tenancy unless your landlord has given you notice in writing that it is an assured tenancy.

Assured tenancy

If you have an assured tenancy the landlord can take steps to evict you if you have rent arrears of more than eight weeks. For reasons other than rent arrears, it is up to the court to decide whether it is reasonable to make you leave your home.

Assured shorthold tenancy

It is much easier for a landlord to evict you from your home if you have an assured shorthold tenancy. If you have a fixed term tenancy that has expired or a periodic tenancy (i.e. one which runs from month to month or week to week), the landlord does not need to prove any other grounds for possession and the court is obliged to return your home to the landlord as long as you’ve had two months' notice in writing.

There are 17 grounds that the landlord can use to end your tenancy before it has expired and take possession of your home. Eight of these are mandatory grounds and nine are discretionary.

Mandatory grounds

As long as the landlord can prove one or more of the mandatory grounds, the court is obliged to award possession to the landlord. This will end your tenancy but you will usually be given about two weeks grace – possibly more if you apply for it – before you have to move out.

The grounds are:

1. You are eight weeks or two months behind with your rent.
2. Your landlord wants to demolish or reconstruct the property (landlord must show it’s impractical for you to stay or that you’re refusing access. He/she should pay your removal costs).
3. The tenant of an assured tenancy has died and the landlord wants to repossess from whoever inherited the tenancy who is someone who has no right to be a successor (e.g. a spouse).
4. Your landlord used to live in the house and wants to live there again (if he/she doesn’t actually move in you may be able to sue for damages for misrepresentation).
5. Your landlord has a mortgage on the house and the lender has repossessed the property and now wants to sell it.
6. Your accommodation is a winter or out of season let (the let must not be for more than eight months and the property must have been let as holiday home within the last year).
7. The premises are usually let to students (let must be for 12 months or less and the landlord must be an educational institution).
8. Your accommodation is usually let to a minister of religion.

Of these eight, the first two are the most common grounds for possession. For any of the last five mandatory grounds to be used, you must have been given notice before the tenancy began that this reason could be used to evict you.

Discretionary grounds

The court will only end your tenancy on one of the nine discretionary grounds if it feels it is reasonable to do so. The grounds are:

1. You have rent arrears of less than eight weeks or two months (tell the court if you are withholding payment because the landlord won’t fix something or if the lateness is the fault of housing benefit department or the bank).
2. There has been a persistent delay in the payment of the rent (again put forward any good reasons you have for the delays).
3. The landlord wants you to move and can prove there is suitable alternative accommodation (the new place must be fit for your needs and the tenancy must be the same or give you more rights. The landlord should pay your removal costs).
4. A term of the tenancy agreement – other than rent arrears – has been broken (this could be nuisance to neighbours, or abuse of common areas. Let the court know if it wasn’t you or try to argue that the breach isn’t serious enough to evict you).
5. Condition of the property has deteriorated because of behaviour or the committing of a crime (damage must be worse than reasonable wear and tear).
6. Deterioration of furniture (damage must be worse than reasonable wear and tear).
7. Annoyance or nuisance, a conviction for immoral behaviour or criminal offence (this could be you, someone living with you or a visitor).
8. You were given the accommodation as part of employment but you are no longer doing the relevant job.
9. You, or someone acting for you, lied in order to secure the tenancy

Notice of Seeking Possession

Your landlord must serve you with a Notice of Seeking Possession before taking any further action against you. This must state: your name; the address of the rental property; what ground(s) s/he is using to try to end your tenancy. For each ground there is also a period of time that must pass before the landlord can take any further action against you.

Threats and harassment

Your landlord can’t force you to leave the property without a court order. If s/he is harassing you or threatening you to try to get you out, this is a criminal offence. You could call the police – definitely do so if violence has been used – and you should contact the tenants' harassment officer at your local council. If you have been harassed or illegally evicted, you may also be able to claim damages through the civil courts.