Tenant rights and responsibilities

The government publishes guidance on eviction proceedings. These are updated regularly and can be found by visiting private renting for tenants - eviction (GOV.UK). Given the rapidly changing rules around evictions over the course of the coronavirus pandemic, the government’s guidance website should be your first port of call for the most up-to-date advice.

If you are an assured shorthold tenant (if your tenancy started on or after 15 January 1989) your landlord must follow a three-step procedure to lawfully evict you from the property:

• Provide written notice to leave the property using the correct prescribed forms and notice periods, and meeting all the mandatory requirements
• Apply to court for a possession order. Subject to any defence you may give, if the order is granted you will be sent an eviction date from the court
• Allow only court appointed bailiffs to evict you if you don’t vacate the property by the date stated in the court's possession order. To do this your landlord has to ask the court for their bailiffs of High Court Enforcement Officers (or Sheriffs) for a warrant to evict you

It is a criminal offence for your landlord to evict you without following the correct legal steps for eviction. It’s called ‘unlawful eviction’ if your landlord forces you to leave before bailiffs arrive. Even if your landlord has served you notice and has a court order for possession.

If your landlord threatens violence or harasses you or anyone who lives with you in order to get you to leave a property you can contact the council on 01455 238141 and ask to speak with the Private Sector Housing Team for advice. If you are in immediate danger or feel threatened, you should contact the Police immediately.

Further information on evictions and your rights (shelter.org.uk)

Last updated: ‎27/11/2023 12:07