I am facing harassment and/or illegal eviction by my landlord

Pages in I am facing harassment and/or illegal eviction by my landlord

  1. 1. Harassment
  2. 2. You are here: Evictions
  3. 3. Illegal evictions
  4. 4. What you can do

2. Evictions

A landlord must follow correct legal procedures to evict a tenant from his or her property; otherwise it may be considered an illegal eviction.

The legal method of eviction depends on the type of your tenancy.

The three general steps of eviction for landlords:

  1. Service of a written notice, giving tenants at least two months (in most cases)
  2. Landlord must go to court to get a possession order for you to leave
  3. Landlord must obtain a notice of eviction which gives a date for bailiffs to remove you

See our advice webpage ‘My landlord has served me with a notice to leave my property’ for the complete legal eviction procedure.

If you have an assured or assured shorthold tenancy

The landlord must inform the tenants of his or her intention to seek possession of the property by serving notice.

You are not required to leave until the landlord obtains a notice of eviction. The period of the notice will vary according to the grounds on which the landlord is seeking possession.

If the landlord tries to make you leave before this date, this would be an illegal eviction.

If you have a residential landlord

Your landlord will not have to follow the procedure above by obtaining a warrant for bailiffs to remove you. Landlords only need to give you reasonable notice to leave from:

  • A hostel
  • Emergency accommodation (placed in by the Council because you are homeless)
  • Accommodation you share with your landlord

You will have to leave when your notice period expires

Reasonable notice varies depending on the type of your agreement, for example:

  • A week for a weekly agreement
  • A month for a monthly agreement
  • The minimum period of a notice to leave is considered to be 28 days.