What to do if you’re being evicted

The prospect of eviction is scary, but an eviction notice doesn’t always mean you have to leave immediately, and there’s support out there.

Our homeless prevention services help people facing eviction and have put together these tips and advice to help if you or someone you know needs it.

Find out what tenancy you are in

Check your rental agreement to find out what kind of tenancy you’re under. This is important because it will determine your rights and the eviction process.

Most private renters are under an Assured Shorthold Tenancy (AST). But if you live with your landlord, you might be a lodger. On the other hand, if you rent from your council or a housing association, you likely have an assured or secure tenancy.

Find out what type of eviction you’ve been served

Your notice period will vary depending on the eviction notice you’re handed.

If you are under an AST contract, you can be given a Section 21 or Section 8 notice.

• A Section 21 notice is sometimes called a ‘no fault’ eviction because there doesn’t need to be a reason for it to happen. The notice period for this kind of eviction is two months.
• A Section 8 notice requires a legal reason or ‘ground.’ This could be because of accruing rent arrears or issues with antisocial behaviour. Notice periods can be as short as two weeks.

Shelter’s eviction page explains the different eviction notices and their meanings in more detail.

Eviction process

In most cases, you’ll have several months before you’re required to leave after being served an eviction notice. Landlords cannot force you out without a court order and bailiffs. Your landlord must follow these three steps to evict you:

1. Notice: Your landlord must hand a proper eviction notice using the correct form. If you choose to leave, agree on an end date for your tenancy. Until the tenancy ends, you must pay rent. If you stay, the notice will include an end date, but you don’t have to move out if you have nowhere to go. After the notice date, your landlord can begin court proceedings.
2. Court: Your landlord must apply for a possession order in court. The court will send you a letter with the hearing details, allowing you to challenge the notice (e.g. if the notice is incorrect). This stage usually takes a few months. If the court rules against you, they’ll notify you of the possession date, but you still don’t have to leave yet. The landlord must then proceed to the final stage—bailiffs.
3. Bailiffs: You’ll get another notice with the date bailiffs will arrive. You must leave your home on or by this date.

Remember these steps to ensure the eviction is legal, and seek advice if needed. Your landlord must follow every step before you can be forced to leave your home. If your landlord harasses you during these steps, report it immediately.

There is often room to negotiate payment terms and leave dates, so keep your communications with your landlord civil and keep a record of everything. Before or during legal proceedings, discuss and agree on your needs with the landlord. Negotiating a payback plan could be an option if you are in arrears. You can also negotiate a new leave date if you stay beyond your notice period.

Get support and advice

If you have nowhere to go, contact your local authority ASAP via their housing support email or phone. If you’re in arrears, you might qualify for support. This includes Universal Credit, grants, or a discretionary housing payment. The key is to let them know early and start a paper trail. The longer you wait, the harder it can be to get the support you deserve.

You can also get advice on finances and tenancy sustainment in many places. Good resources include:

• Shelter: Information on housing areas, including tenancies, eviction, and homelessness. You can also call their helpline at 0808 800 4444.
• Citizens Advice: comprehensive information on tenancy agreements.