I've been asked to leave
This is about your landlord's duty to provide you with proper notice when asking you to leave.
Do I have to leave as soon as I get notice?
No. Most tenants can only be evicted if the landlord follows the correct procedures and the court agrees to an eviction order. If your landlord tries to harass you into leaving, changes the locks or stops utilities such as gas or water, it could be an attempt to illegally evict you so get advice.
What are my legal rights?
Most tenants are legally entitled to written notice to leave a property, even if they do not have a written agreement. The amount of notice your landlord has to give you varies depending on the type of tenancy you have and, in some cases, the reason s/he wants you to leave. But in most cases the notice will be as long as, or longer, than the rental period. So if you pay rent monthly, it would normally be at least one month's notice.
As a general rule, you will be entitled to written notice:
- if you rent a house or flat from a private landlord (who does not live with you) either on your own or jointly with others
- if you rent a house or flat from a council or housing association
- in certain other situations such as where your landlord is also your employer.
If you are unsure what type of tenancy you have, get advice.
In most cases the notice has to conform to special rules and has to be on a special form. In some cases it has to include particular information, such as the reason(s) the landlord wants to evict you. It is important to check with an adviser to make sure the landlord has given you the correct notice. If your landlord hasn't, then s/he may have to start all over again.
You may only be entitled to 'reasonable notice', which may not have to be in writing if you:
- don't pay rent, or
- live in a council or housing association hostel, or
- are living in a property let for a holiday, or
- are a squatter who has been allowed to stay on a temporary basis, or
- share accommodation with your landlord
Your landlord may be allowed to evict you peaceably without a court order so get advice.
Whatever your situation, if your landlord has asked you to leave, get advice quickly.
Further information
This is only a very basic introduction to your landlord's duty to give you proper notice when ending your tenancy. For more information go to www.shelternet.org.uk. You can also ring Shelterline on 0808 800 4444 (24 hour freephone).
This document was provided by Shelter. www.shelternet.org.uk