Private renting for tenants: evictions in England
Rules your landlord must follow
Your landlord must follow strict procedures if they need you to leave their property. This depends on the type of tenancy agreement you have and the terms of it.
If they do not, they may be guilty of illegally evicting or harassing you.
There are different rules for:
- periodic assured shorthold tenancies
- fixed-term assured shorthold tenancies
- assured periodic tenancies on or after 1 May 2026
- excluded tenancies or licences
- assured and regulated tenancies
From 1 May 2026 assured shorthold tenancies will automatically become assured periodic tenancies. If your landlord has asked you to leave the property, what they need to do depends on the date they gave you notice.
If you live in Northern Ireland, Scotland or Wales, your landlord must follow different procedures to evict you:
Get help if someone wants you to leave your home
If your landlord gives written notice that they need you to leave your home, you can get free legal advice from the Housing Loss Prevention Advice Service. This may help you to keep your home.
Rules for periodic assured shorthold tenancies (ASTs)
Periodic tenancies run on a week-by-week or month-by-month basis with no fixed end date.
If you have one of these, your landlord must usually give you notice that they want the property back. They must do this in a certain way depending on your type of tenancy agreement and its terms.
If you do not leave at the end of the notice period
If you do not leave at the end of the notice period, your landlord must apply to the court for a possession order. If the court gives them a possession order and you still do not leave, they must apply for a warrant for possession - this means bailiffs can evict you from the property.
Rules for fixed-term ASTs
Fixed-term tenancies run for a set amount of time. Your landlord must give you notice in a certain way if you’re in a fixed-term tenancy.
Eviction during the fixed term
During the fixed term, your landlord can only evict you for certain reasons - for example:
- you have not paid the rent
- you’re engaging in antisocial behaviour
- there’s a ‘break clause’ in your contract - this allows your landlord to take back the property before the end of the fixed term
A possession order will not take effect until you’ve been living in the property for at least 6 months.
Eviction at the end of the fixed term
At the end of the fixed term, the landlord does not need a reason to evict you. As long as they’ve given you correct notice, they can apply to the court for a possession order.
If the court gives your landlord a possession order and you still do not leave, your landlord must apply for a warrant for possession - this means bailiffs can evict you from the property.
Rules for assured periodic tenancies (APTs) on or after 1 May 2026
On or after 1 May 2026, if you rent a property from a private landlord it will usually be an assured periodic tenancy.
Assured periodic tenancies must run on a rolling basis, for example, weekly or monthly. They cannot be for longer than a month at a time.
An assured periodic tenancy agreement cannot have an end date. A tenancy agreement with an end date is usually known as a ‘fixed-term tenancy’.
Your landlord can only evict you for certain reasons, for example:
- you have not paid the rent
- you are committing antisocial behaviour
- you have broken other terms of your tenancy
- your landlord or their close family needs to move into the property
- your landlord needs to sell the property
Your landlord cannot evict you to move in or sell the property within the first 12 months of your tenancy.
Your landlord must give you the proper notice to leave your home. The amount of time they will need to give you depends on their reason for giving notice.
If you do not leave at the end of the notice period
Your landlord must apply to the court for a possession order.
Your landlord will need to show that they followed the correct processes for tenancy deposits, including protecting it in a government-approved scheme. Read Stage 1 of the notices of possession guidance to check deposit rules.
If the court gives your landlord a possession order and you do not leave by the date in the order, your landlord must apply for a warrant for possession. This means bailiffs can evict you from the property.
If you owe rent and get housing benefits
If you claim Universal Credit or Housing Benefit, your landlord may be able to get the rent paid straight to them instead of evicting you. This is known as ‘managed payments’.
Rules for excluded tenancies or licences
If you have an excluded tenancy or licence (for example you live with your landlord), your landlord does not have to go to court to evict you.
Your landlord only needs to give you ‘reasonable notice’ to quit. The notice does not have to be in writing.
There are no set rules about what’s reasonable. It depends on:
- how long you’ve been living there
- how often you pay the rent
- whether you get on with your landlord
- how quickly the landlord needs another person to move in
They can then change the locks on your rooms, even if you’ve left your belongings there. However, they must give your belongings back to you.
If you do not think you’ve been given enough warning to leave, contact your local council for advice. Your council can take action if your landlord has evicted you illegally.
Shelter has more information about eviction of excluded occupiers.
Rules for assured and regulated tenancies
If your tenancy started before 27 February 1997, you might have an assured or a regulated tenancy. Your landlord will have to follow different rules to evict you and you’ll have increased protection from eviction.
Shelter has more information about assured tenancies and regulated tenancies.