OR AN ASSURED
If you rent your property from a private landlord then the rights you have to stay in your home will depend on the type of tenancy you have and when your tenancy began.
It is very important to check exactly what sort of tenancy agreement you have. It is a lot easier for a landlord to evict you from your home if you have an assured shorthold tenancy. If your tenancy agreement has run out then the courtmust give your home back to the landlord as long as you have had two months notice in writing. See the section on
If you have an assured tenancy then in most cases the court can then decide if it is reasonable to make you leave your home, except when you have over 2 months/8 weeks rent arrears.
normally be assured shorthold tenancies, unless you are given a specific notice by the landlord to say that you have an assured tenancy.
written notice that your tenancy is an assured shorthold tenancybefore the tenancy began. The tenancy must have been for a fixed term of more than 6 months.
you any documents, or only gave them to you after your tenancy started contact a local housing aid centre, or\ue000phone us for advice.
written notice of the tenancy. All tenancies will automatically be assured shorthold tenancies. Even if your tenancy is not for a fixed term it will still be an assured shorthold.
your original fixed term has run out, the landlord can still use the fact you were originally a shorthold tenant to end your tenancy.\ue000Phone us for
Warning: If you are already an assured tenant, your landlord cannot turn your tenancy into an assured shorthold tenancy. If your landlord tries to do this,\ue000 phone us for advice.
Although these terms may sound complicated, it is important that you know what sort of tenancy you have.
The landlord will have different powers according to the type of tenancy. If you are not sure what sort of tenancy you have, or if you moved into your propertybefore 15th January 1989,\ue000phone
If your landlord asks you to leave, you should check what your rights are. Find out why they want you to leave. Your landlord may be able to go to court and ask for you to leave using one of the following reasons.
There are seventeen grounds for possession (ending your tenancy) which can be used for all the types of tenancy mentioned above.
There are eight mandatory grounds. This means that if your landlord can prove that what s/he is saying is true, then the courthas to award possession to the landlord. Although this will end your tenancy, you do not usually have to move out straight away. The court will usually give you at least 2 weeks before you have to leave, but you can ask for more time if you need it. The main grounds used are:
For the following mandatory grounds to be used you must have been given notice before the tenancy began that this reason could be used to evict you:
These are the most usual grounds used. See the chart at the end of this factsheet for a list of all the mandatory grounds the landlord can use to make you leave.
There are nine discretionary grounds for possession. This means that the court will only end your tenancy if it seemsreasonable to do so. It is up to the court to decide. You may be able to make an arrangement with the landlord or the court to get the order suspended. The main discretionary grounds used are:
These are the most common grounds used. See the chart at the end of this factsheet for a list of discretionary grounds the landlord can use to try and make you leave.
\u2022The address of the property you are renting
\u2022What ground(s) the landlord is using to try and end
For more details on the court procedure see our self-help information pack \u201cDealing With Your Debts\u201d.
Your landlord may ask you to leave the property but s/he cannot make you leave without going to court. It is illegal to harass you or threaten you to make you leave. If this is happening to you, contact the tenants\u2019 harassment officer in your local council
landlord doesnot need to prove any other ground for possession,but they cannot get possession till at least six months from the start of the original tenancy agreement.
notice that you have an assured shorthold tenancy before your tenancy began, or you will have an ordinary assured tenancy. If your tenancy beganonor
notice that your tenancy will not be renewed at the end of the fixed period. This notice must be in writing.
It is important to check the papers you had at the start if your landlord says your tenancy is due to end.
If your landlord can show that s/he has got a good reason for getting possession of the property because you have an assured shorthold tenancy which has run out, then the court will not necessarily arrange a court hearing. This will speed up the court process, and means that your landlord can get possession of the property far more quickly.
You will get a special claim form called a \u201cClaim for Possession\u201d with a reply form attached from the county court through the post in the usual way. You have 14 days in which to complete and return it to the court.
If you feel that giving the landlord possession within 14 days will cause you exceptional hardship you need to explain this on the form. The court will then set a hearing date. You must go to this hearing. The court can let you stay in the property for up to 6 weeks if they agree at the hearing that you would suffer exceptional hardship if you had to leave within the usual 14 days.
If you do not return the form, the court has the power to make whatever order it thinks fit without giving you another chance to provide any more information.
The court will send you an order telling you when you have to leave the property. This will usually give you 14 days to leave. If you do not leave on the date ordered, the landlord can apply to the county court for a warrant of possession for bailiffs to make you leave.
For advice about your tenancy agreement and whether you can stop your landlord from ending your tenancy you can contact a local housing aid centre or a law centre.
You can also ring Shelterline on 0808 8004444 for specialist housing advice. If you are not sure if there is an advice agency in your area,\ue000 phone us for advice.
This action might not be possible to undo. Are you sure you want to continue?