This guide will point you in the right direction when you think you’re being evicted.

Where is the property located?

The questions we'll ask are to help you work out if you have to leave your rented property in Wales and when you may need to do so.

If your answers suggest there's a risk you'll be evicted soon, we'll tell you where you can get more information and help.

When you use this tool, it will help if you have your tenancy agreement and any letters from your landlord. If you don't have them, don't worry. 

Sorry. The information on our website is only for England and Wales.

Because the rules are slightly different in England, please use this version of the guide instead.

eviction_intro

At the moment, this guide can't help you if your landlord is evicting you for one of these reasons:

  • You haven’t paid your rent. 
  • You have damaged the property. 
  • You have been involved in criminal or anti-social behaviour. 
  • You have broken your agreement with them.
Has your landlord told you to leave?
eviction chat notice_1

In order to evict you, your landlord must write to you to let you know when you are expected to leave.

The amount of notice your landlord has to give you depends on

  • whether you are renting a property in England or Wales,
  • the type of agreement you have,
  • the current notice periods specified in any relevant Acts of Parliament,
  • how long you have been there, and
  • how often you pay rent.
eviction_chat_notice_2

A Formal Notice might be called an eviction notice, notice to quit or a notice seeking possession. It might also be a Section 21 Notice, Section 83or a Section 8 Notice, as these are the names of the related sections in the Act of Parliament that created it.

The notice is a formal document. It must contain your name and the address of the property. The date you must leave by (the date possession is demanded), and must be signed and dated by the landlord.

Have you been told in writing?
Your landlord is definitely trying to evict you
Your landlord is definitely trying to evict you. I need to ask you a few more questions to see if I can get an idea of how soon they want you out.
No in order to evict you

In order to evict you, your landlord must write to you to let you know when you are expected to leave.

The amount of time they have to give you depends on the type of agreement you have with them, the current notice periods specified in any relevant Acts of Parliament, how long you’ve been there and how often you pay rent.

eviction_chat_2a_explain_notice

Your landlord must give you a Formal Notice. This might be called an eviction notice, notice to quit or a notice seeking possession. It might also be a Section 21 Notice, Section 83 or a Section 8 Notice, as these are the names of the related sections in the Act of Parliament that created it.

The notice is a formal document. It must contain your name and the address of the property. The date you must leave by (the date possession is demanded), and must be signed and dated by the landlord.

Have you had any papers from the court?
The court may have sent you various items including a defence form, the date of a court hearing or evidence from your landlord. If your landlord is using what is known as the "Accelerated Procedure", there may not be a hearing and the court can make an order on the landlords’ papers. It is really important that you don’t ignore those papers.
It's really important to know you only have 14 days from receiving this to challenge it
It's really important to know you only have 14 days from the date of service of the court papers to challenge it. I'd like to ask you one more question.
Have you had an eviction warrant from a bailiff or an enforcement officer?

This is a document from the court. It will let you know when you will be evicted. The document is called Form N54.

Download an example here.

It looks the process may have been going on for a while
It looks like the process may have been going on for a while. We suggest your next step is to urgently speak to a legal professional, who may be able to help.
It looks like the process urgent
It looks like the process may have been going on for a while. We suggest your next step is to urgently speak to a legal professional, who may be able to help you challenge the court order. This must be straight away, as there are only 14 days from when you got the papers to challenge them.
Have you been given a document showing the information listed here?
You should have received a formal notice requiring possession (entitled a Section 21 Notice) which must;

  • be signed and dated by the landlord,
  • show the name of the tenant,
  • show the address of the property, and
  • show the date you must leave (the date possession is being demanded).
The form needs to have the right information for it to be legal
The form needs to have the right information for it to be legal. Let your landlord know they haven't filled this in correctly and get some expert help.

A

Something's wrong not 2 months notice
It looks like something may be wrong with the dates as you may not have been given adequate notice. If you pay rent at least once a month then It has to be at least 4 months in the future unless your contract says something different. However, the required notice period has varied on numerous occasions since 26 March 2020 due to specific COVID-19 legislation. The precise notice required will depend on when the notice is served.
The notice period appears valid as it's been 2 months
You have been given adequate notice. If you pay rent at least once a month, then it must be at least two months in the future unless your contract says something different.

B

Something's wrong not 3 months notice
It looks like something may be wrong with the dates, as you may not have been given adequate notice. If you pay rent at least once a month, then it must be at least three months in the future unless your contract says something different.
The notice period appears valid as it's been 3 months
You have been given adequate notice. If you pay rent at least once a month, then it must be at least three months in the future unless your contract says something different.

The document is probably no longer valid. The landlord may have to start the process again with a new notice.

C

Something's wrong not 6 months notice
It looks like something may be wrong with the dates, as you may not have been given adequate notice. If you pay rent at least once a month, then it must be at least six months in the future unless your contract says something different.
The notice period appears valid as it's been 6 months
The dates are probably valid. If you pay rent at least once a month, then it must be at least six months in the future.
  • You have been given at least six months notice.
  • Today is prior to the notice date you have been given.
Your original contract may say somthing different.

D

Something's wrong. You should have 6 months notice
It looks like something may be wrong with the dates, as you may not have been given adequate notice. If you pay rent at least once a month, then it must be at least six months in the future unless your contract says something different.
The notice period appears valid as it's been 6 months
You have been given adequate notice. If you pay rent at least once a month, then it must be at least six months in the future unless your contract says something different.

E

Something's wrong. You should have 6 months notice
It looks like something may be wrong with the dates, as you may not have been given adequate notice. If you pay rent at least once a month, then it must be at least six months in the future unless your contract says something different.
The notice period appears valid as it's been 6 months
You have been given adequate notice. If you pay rent at least once a month, then it must be at least six months in the future unless your contract says something different.
Are you within a fixed-term contract?
This should be shown on your tenancy agreement.
When does it end?
eviction_chat_7_beforefix

It looks like something might be wrong with the dates, as you may not have been given enough notice. The eviction date is before the end of the fixed term contract.

Check your original agreement for words that allow your landlord to evict you early. These words are called a "break clause".

Is your deposit held in a Deposit Protection Scheme?
eviction_chat_8_dps

Details of the scheme should have been included in the paperwork you received at the start of your tenancy. You should have also received prescribed information about the Tenancy deposit scheme and a deposit protection certificate within 30 days of payment of the deposit.

If you're not sure, check with your landlord or their agent.

Here's an example document used by one organisation

Do you think you are being discriminated against?
eviction_chat_11_disabled
If you think that you are being evicted because of your race, gender, disability, sexuality or for any other reason, then you should speak to somebody in more detail.

Any time a landlord evicts a tenant, they have to follow the rules. For example, they must fill out the right paperwork in the right way. They can't make you leave without a Possession Order from the court and a Warrant for Eviction. They can only do that after the date they said you had to leave by when they wrote to you.

If your landlord tries to evict you without following the correct legal process, then the eviction could be unlawful. You should contact your local authority if you think you are being evicted unlawfully. They can help you determine if you are and could prosecute the landlord.

Even if you decide you are going to leave, don't leave before you have somewhere else to rent.

If at any point, you think you might not be able to get legal help as quickly as you need it, the following organisations may be able to help:

  • Shelter England | Cymru | Contact them them by phone or web chat, or in person in several cities.
  • Citizens Advice | Find your nearest Citizens Advice.
  • Law Centres Network | Law Centres offer face-to-face advice to members of their community. Find out if there's one near you.
  • Civil Legal Advice | You might be able to get free, confidential advice from Civil Legal Advice (CLA) as part of legal aid (in England and Wales).

Sometimes legal advisers can help you understand your rights. They can represent you when speaking with your landlord to try to resolve the situation.

You can find information about the different types of legal adviser and how to choose the right one for your situation on our types of lawyers page.

When you contact somebody to get advice, try to have as much of the following where you can refer to it or show somebody:

  • your tenancy agreement and any documents that came with it, including
    • the contract you signed,
    • information about your deposit, including the amount you paid and when, any deposit protection scheme information received from the Landlord and any deposit protection certificate received
    • the energy performance of the property (EPC)
    • an up-to-date gas safety certificate (if you have gas), and
    • the government's How to Rent guide.
  • the communication you have had from your landlord (or anybody else) to tell you that they want you to leave the property, including
    • the form telling you when to leave (Form 6A)
    • any communication from your landlord's representatives
  • any other correspondence (letters, email, voicemails, texts, etc. ) you have had that relates to your property.

Any time a landlord evicts a tenant they have to follow the rules. Like filling in the right paperwork in the right way.  They can't make you leave without a Possession Order from the court and a Warrant for Eviction. They can only do that after the date they said you had to leave by when they wrote to you.

Once they have written to you the first step is to check they have followed the right rules for the type of tenancy you have. You won't have to leave straight away.

Even if you decide you are going to leave, don't leave before you have somewhere else to rent.

If, at any point, you think you might not be able to get legal help as quickly as you need it, the following organisations may be able to help:

  • Shelter Cymru | Contact them by phone or web chat, or in person in several cities.
  • Citizens Advice | Find your nearest Citizens Advice.
  • Law Centres Network | Law Centres offer face-to-face advice to members of their community. Find out if there's one near you.
  • Civil Legal Advice | You might be able to get free, confidential advice from Civil Legal Advice (CLA) as part of legal aid (in England and Wales).

Sometimes lawyers can help you understand your rights. They can represent you when speaking with your landlord to try to resolve the situation. 

You can find information about the different types of lawyer and how to choose the right one for your situation on our types of lawyers page.

When you contact somebody to get advice, try to have as much of following where you can refer to it or show somebody:

  • Your tenancy agreement and any documents that came with it
  • Any correspondence (letters, email, voicemails, texts, etc. ), you have had from your landlord
  • A copy of the notice received and any associated documents / correspondence which relate to the alleged breach of the tenancy. 

It is possible the landlord is using what is called the Section 8 procedure. This means the landlord can very quickly apply to a court to evict you. You then only have a short period of time to respond if you don't agree with the reason they want you to leave.

Even if you decide you are going to leave, don't leave before you have somewhere else to live.

It's important to get legal help quickly, especially if you feel you are not being treated fairly. Talk to one of the following organisations about what's happening:

  • Shelter England | Cymru | Contact them by phone or web chat, or in person in several cities.
  • Citizens Advice | Find your nearest Citizens Advice.
  • Law Centres Network | Law Centres offer face-to-face advice to members of their community. Find out if there's one near you.
  • Civil Legal Advice | You might be able to get free and confidential advice from Civil Legal Advice (CLA) as part of legal aid (in England and Wales).

A legal adviser should be able to help you understand your rights. They could represent you when speaking with your landlord to try to resolve the situation. You can find information about the different types of legal advisers and how to choose the right one for your situation on our types of lawyers page.

When you contact somebody to get advice, try to have as much of following where you can refer to it or show somebody:

  • A copy of any paperwork from your landlord that says you can live in the property and you have and any documents that came with it
  • Any other correspondence, you have had from your landlord that relates to your tenancy

You don't have very long, but don't leave your house until you have somewhere to rent.

Get legal help quickly to respond to anything you've been sent. The following organisations may be able to help:

  • Shelter Cymru | Contact them by phone or web chat, or in person in several cities.
  • Citizens Advice | Find your nearest Citizens Advice.
  • Law Centres Network | Law Centres offer face-to-face advice to members of their community. Find out if there's one near you.
  • Civil Legal Advice | You might be able to get free and confidential advice from Civil Legal Advice (CLA) as part of legal aid (in England and Wales).

Sometimes lawyers can help you understand your rights. They can represent you when speaking with your landlord to try to resolve the situation. You can find information about the different types of lawyer and how to find the right one for your situation on our types of lawyers page.

When you contact somebody to get advice, try to have as much of following where you can refer to it or show somebody:

  • A copy of any paperwork from your landlord that says you can live in the property and any documents that came with it
  • Any other correspondence, you have had from your landlord that relates to your tenancy
  • Any documents received from the court and/or bailiff

Your landlord must pay your deposit into a tenancy deposit protection (TDP) scheme. If you're not sure, get in touch with them. This page on Shelter Cymru website has a helpful document about deposits.

If your landlord has failed to follow the rules and provide you with the prescribed information or protect your deposit within 30 days (or at all) then things have gotten complicated and you should get some advice.

If your landlord tries to evict you without following the correct legal process, then the eviction could be unlawful.  You should contact your Local Authority if you think you are being evicted unlawfully. They can help you determine if you are and could prosecute the landlord.

Even if you decide you are going to leave, don't leave before you have somewhere else to rent.

If, at any point, you think you might not be able to get legal help as quickly as you need it, the following organisations may be able to help:

  • Shelter Cymru | Contact them by phone or web chat, or in person in several cities.
  • Citizens Advice | Find your nearest Citizens Advice.
  • Law Centres Network | Law Centres offer face-to-face advice to members of their community. Find out if there's one near you.
  • Civil Legal Advice | You might be able to get free and confidential advice from Civil Legal Advice (CLA) as part of legal aid (in England and Wales).

Sometimes lawyers can help you understand your rights. They can represent you when speaking with your landlord to try to resolve the situation. 

You can find information about the different types of lawyer and how to choose the right one for your situation on our types of lawyers page.

When you contact somebody to get advice, try to have as much of following where you can refer to it or show somebody:

  • Your tenancy agreement and any documents that came with it, including;
    • The contract you signed
    • Information about your deposit, including the amount you paid and when, any deposit protection scheme information received from the Landlord and any deposit protection certificate received
    • The energy performance of the property (EPC)
    • An up-to-date gas safety certificate (if you have gas)
    • The government's How to Rent guide
  • The communication you have had from your landlord (or anybody else) to tell you that they want you to leave the property. This might include;
    • The form telling you when you have to leave
    • Any communication from your landlord's representatives
  • Any other correspondence (letters, email, voicemails, texts, etc.), you have had that relates to your property.

Any time a landlord evicts a tenant they have to follow the rules. Like filling in the right paperwork in the right way. They can't make you leave without a Possession Order from the court and a Warrant for Eviction. They can only do that after the date they said you had to leave by when they write to you. Their first step is to write to you.

Once they have written to you. Your first step is to check they have followed the right rules for the type of tenancy you have (and the jurisdiction you are in) and for the reasons they want you to leave. You won't have to leave straight away but do those checks as soon as your landlord contacts you. This tool can help with those checks.

Even if you decide you are going to leave, don't do so before you have somewhere else to live. If, at any point, you think you might not be able to get legal help as quickly as you can, the following organisations may be able to help:

  • Shelter Cymru | Contact them by phone or web chat, or in person in several cities.
  • Citizens Advice | Find your nearest Citizens Advice.
  • Law Centres Network | Law Centres offer face-to-face advice to members of their community. Find out if there's one near you.
  • Civil Legal Advice | You might be able to get free and confidential advice from Civil Legal Advice (CLA) as part of legal aid (in England and Wales).

Sometimes lawyers can help you to understand your rights in a particular situation.  They can represent you with your landlord to try to resolve the situation. You can find information about the different types of lawyer and how to choose the right one for your situation on our types of lawyers page.

When you contact somebody to get advice, try and have as much of following where you can refer to it or show somebody:

  • A copy of any paperwork from your landlord that says you can live in the property and you have and any documents that came with it
  • Any other correspondence, you have had from your landlord that relates to your tenancy

Discrimination is when one person treats another person differently because they are different or have different views to their own. It is illegal for landlords to discriminate against tenants because of their race, gender, disability, sexuality or religion. If you feel your landlord is evicting you because of any of these reasons you should speak to a legal expert.

If your landlord tries to evict you without following the correct legal process, then the eviction could be unlawful.  You should contact your Local Authority if you think you are being evicted unlawfully. They can help you determine if you are and could prosecute the landlord.

Even if you decide you are going to leave, don't leave before you have somewhere else to rent.

At any point, if you think you might not be able to get legal help as quickly as you need it, the following organisations may be able to help:

  • Shelter Cymru | Contact them by phone or web chat, or in person in several cities.
  • Citizens Advice | Find your nearest Citizens Advice.
  • Law Centres Network | Law Centres offer face-to-face advice to members of their community. Find out if there's one near you.
  • Civil Legal Advice | You might be able to get free and confidential advice from Civil Legal Advice (CLA) as part of legal aid (in England and Wales).

Sometimes lawyers can help you understand your rights. They can represent you when speaking with your landlord to try to resolve the situation. 

You can find information about the different types of lawyer and how to choose the right one for your situation on our types of lawyers page.

When you contact somebody to get advice, try to have as much of following where you can refer to it or show somebody:

  • Your tenancy agreement and any documents that came with it, including
    • The contract you signed
    • Information about your deposit
    • The energy performance of the property (EPC)
    • An up-to-date gas safety certificate (if you have gas), and
    • The government's How to Rent guide
  • The communication you have had from your landlord (or anybody else) to tell you that they want you to leave the property. This might include;
    • The form telling you when you have to leave
    • Any communication from your landlord's representatives
  • Any other correspondence (letters, email, voicemails, texts, etc. ) you have had about your property.