Eviction checker

Can my landlord evict me?

To answer this question, we need to check your legal status. Your rights will vary a lot depending on who your landlord is and when your agreement started. In some cases these factors will override what is written in the agreement itself. Landlords have to follow different rules depending on the type of agreement you have.

Question 1 Have you received a letter from the court bailiffs?

This letter is a formal legal document (form N54), which comes from the court and is called a ‘Notice of eviction’. It tells you the date and time the bailiffs will arrive to evict you. It is not the same as the initial notice that most landlords have to give you before they can apply for a court order.


Question 2 Are you charged rent?



Question 2B Do you live in accommodation provided by your employer?


Question 3 Which of the following best describes where you live?










Question 3C Are you a subtenant?


Question 3E Do any of the following apply to you?




Question 4 When did you move into your current home?




Question 4B Did your landlord give you a written notice saying that you have an assured shorthold tenancy (a 'section 20 notice') when you moved into your home?


Question 4D Has your initial fixed-term tenancy agreement come to an end without being replaced by another one?


Question 6 Which of the following applies to you?



Result - You need to take action immediately

It may be possible to stop or delay the bailiffs in certain circumstances, but it is essential that you ACT NOW, and you will probably need help from an adviser. If you wait until the bailiffs actually turn up then it will be too late. If you are in this situation and you haven't spoken to an adviser yet, you should do so immediately. Use our directory to find agencies in your area.

Result - You live in a shared ownership property

If you bought a share in your home through Homebuy or another shared ownership scheme, your rights will be set out in the agreement you have with the housing association that owns the remaining share. You probably have rights and responsibilities as both an assured tenant and as a leaseholder.

If you need help, use our directory to find an advice centre in your local area, or call our helpline.

Result - You are a service occupier or a service tenant

If your home is provided as part of your job, your rights depend on the agreement you have with your landlord/employer. If your employment contract says that your right to live in your accommodation ends when your employment ends your landlord/employer does not have to give you a separate notice to leave the accommodation before starting court action to evict you.

You may have the same rights as either an occupier with basic protection or an excluded occupier. You are likely to be an excluded occupier (which means you are only entitled to ‘reasonable notice’, which may be verbal) if:

  • you share accommodation with your landlord/employer, or
  • your landlord/employer lives in the same building as you and you share accommodation with a member of your landlord/employer's family, or
  • you do not pay rent and your wages are not reduced on account of accommodation being provided.

If none of the above applies, then you are likely to be an occupier with basic protection.

The law in this area is very complicated but regardless of your status you will probably have very few rights if you are told to leave. If you are being evicted, use our directory to find an advice centre in your local area who can help you, or call our helpline.

Result - You are an excluded occupier

You don't have many rights if your landlord asks you to move out:

  • Your landlord does not need to prove a legal reason or get a court order in order to evict you.
  • You are entitled to ‘reasonable notice’ but this doesn't have to be in writing.
  • Read our page on eviction of excluded occupiers for more information about your rights.

If you cannot negotiate with your landlord to stay longer, you will need to find alternative accommodation quickly. If you are having problems, use our directory to find an advice centre or call our helpline to speak to an adviser.

Result - You are a council tenant

Not all council tenants have the same protection from eviction:

  • Many councils give new tenants an introductory tenancy for the first year to 18 months. This is effectively a trial tenancy and means that you can be evicted very easily.
  • Councils can also get a court order to ‘demote’ your tenancy for a one-year probationary period if you have been involved in anti-social behaviour. Demoted tenancies also give you very limited protection from eviction.
  • Most other council tenants have a secure tenancy, which gives very strong protection from eviction – the council must prove a legal reason and get a court order.

If you have an introductory or demoted tenancy and you have been given notice, get advice immediately. The council doesn't have to prove a legal reason (known as a ground) - if the council has followed the correct procedure, the court will have no choice other than to evict you.

If you have a secure council tenancy you should still get advice as the council can evict you if they are able to prove a legal reason and get a court order.

Bear in mind that your rights will also depend on whose name the agreement is in.

Result - You are a housing association tenant

Not all housing association tenants have the same protection from eviction. The type of tenancy agreement you have will affect many of your rights. Housing associations provide:

  • starter tenancies (most housing associations use these trial tenancies for the first 12-months of your tenancy)
  • assured tenancies (most housing association tenants have assured tenancies, but you should check your status if you are uncertain)
  • secure tenancies (If your home is self-contained and your tenancy started before 15 January 1989, you may have a secure tenancy)
  • assured shorthold tenancies and
  • demoted tenancies (housing associations can apply for a court order to ‘demote’ your tenancy for a one-year probationary period if you have behaved antisocially).

See our section on eviction of housing association tenants for more information about the procedures that have to be followed and how you may be able to stop the eviction.

Bear in mind that your rights will also depend on whose name the agreement is in.

Result - You're a subtenant

If you rent your house or part of a house from someone who in turn rents the property from a different landlord, then you are a subtenant.

It is possible for subtenants to have any of the five types of private tenancy if the right conditions are met. Your landlord has to follow the eviction procedures for that type of tenancy if s/he wants you to leave. You should always check your status with an adviser, especially if you have been living in your home for a long time. There are exceptions but as a guide:

  • If your tenancy started before 15 January 1989, you are probably a regulated tenant and therefore have a lot of protection from eviction.
  • If your tenancy started between 15 January 1989 and 27 February 1997, you are likely to have an assured tenancy, which gives significant protection from eviction.
  • If your tenancy started after 27 February 1997, you are likely to have an assured shorthold tenancy, which gives limited protection from eviction.
  • If you don’t share living space with your landlord but s/he lives in the same building, you are likely to be an occupier with basic protection.
  • If you share any living space with your landlord you are likely to be an excluded occupier, which gives you almost no protection from eviction.

Protecting your rights can be difficult. use our directory to find an advice centre or call our helpline to speak to an adviser if you are in any doubt about your status, or:

  • you have an assured or regulated tenancy and need help with court procedures
  • your landlord is trying to evict you without following the correct procedure – this may be a criminal offence
  • you are worried that you will become homeless once you are evicted.

Result - You are an excluded occupier

You don't have many rights if your landlord asks you to move out:

  • Your landlord does not need to prove a legal reason or get a court order in order to evict you.
  • You are entitled to ‘reasonable notice’ but this doesn't have to be in writing.
  • Read our page on eviction of excluded occupiers for more information about your rights.

If you cannot negotiate with your landlord to stay longer, you will need to find alternative accommodation quickly. If you are having problems, use our directory to find an advice centre or call our helpline to speak to an adviser.

Result - You are an occupier with basic protection

You are likely to be an occupier with basic protection. This means that you have few rights, but your landlord has to follow the correct procedure. Your landlord must:

  • give you the correct written notice (there are rules about when this notice can be served and what information it must include)
  • once the notice period has ended, get a possession order from the court.

See the page on eviction of occupier with basic protection for more information and contact a local advice centre if your landlord tries to evict you without following the correct procedure - use our directory to find one.

Result - You have a regulated tenancy

No new regulated tenancies have been created since 15 January 1989. Regulated tenancies give you very strong tenancy rights and a lot of protection from eviction:

  • In most cases you can only be evicted after the initial fixed term of the tenancy has ended.
  • Your landlord has to prove a legal reason for the eviction and get a court order.
  • Depending on the reasons for the eviction, it may be possible to show the court that it is not reasonable to make an order. This may be the case, even if the landlord can prove the reasons.

See the page on eviction of regulated tenants for more information and contact a local advice centre if your landlord tries to evict you without following the correct procedure. Don't give up your home without doing this as you will be walking away from important rights that you will not get back if you move elsewhere. use our directory to find an advice centre or call our helpline to speak to an adviser.

Result - You have a periodic assured shorthold tenancy

This means that your landlord can probably evict you by giving you the correct written notice and then either:

  • using one or more of the grounds that can be used during the fixed term, or
  • giving you two months' notice at any time - if they do this they do not need to prove a reason. This is sometimes called the 'shorthold ground'.

See the section on eviction of assured shorthold tenancies for more information about your rights.

If you need help, or your landlord is trying to evict you without following the correct procedure, use our directory to find an adviser in your local area or call our helpline.

Result - You are a fixed-term assured shorthold tenant

Your tenancy will continue as long as the fixed term lasts. Your landlord can only evict you during the fixed term if you break a term of the tenancy agreement – eg if you do not pay the rent or cause nuisance to neighbours. Once the fixed term ends, you will become a periodic tenant and can continue to stay in your home until your landlord serves you with notice.

See the section on eviction of assured shorthold tenancies for more information about your rights.

If you need help, or your landlord is trying to evict you without following the correct procedure, use our directory to find an adviser in your local area or call our helpline.

Result - You are an assured tenant

An assured tenancy gives you a lot of protection from eviction:

  • Your landlord has to give you a written notice, which must comply with specific legal requirements. The notice must be in a special form.
  • You can only be evicted if your landlord can prove a reason (or 'ground') to the court.
  • Depending on the ground your landlord uses the court my decide not to make a possession order if it believes it is not is reasonable to do so.

See the section on eviction of assured shorthold tenancies for more information about your rights.

Protecting your rights is very important. use our directory to find an advice centre or call our helpline to speak to an adviser if you are in any doubt about your status, or:

  • you need help with court procedures
  • your landlord is trying to evict you without following the correct procedure – this may be a criminal offence
  • you are worried that you will become homeless once you are evicted.

Don't give up your home without doing this as you will be walking away from important rights that you will not get back if you move elsewhere.

Result - You are an excluded occupier

You don't have many rights if your landlord asks you to move out:

  • Your landlord does not need to prove a legal reason or get a court order in order to evict you.
  • You are entitled to ‘reasonable notice’ but this doesn't have to be in writing.
  • Read our page on eviction of excluded occupiers for more information about your rights.

If you cannot negotiate with your landlord to stay longer, you will need to find alternative accommodation quickly. If you are having problems, use our directory to find an advice centre or call our helpline to speak to an adviser.

Result - You're an excluded occupier

If you pay rent to friends or family, this means that they are your landlord. You don't have many rights if they ask you to move out:

  • They do not need to prove a legal reason or get a court order in order to evict you.
  • You are entitled to ‘reasonable notice’ but this doesn't have to be in writing.
  • Read our page on eviction of excluded occupiers for more information about your rights.

If you cannot convince them to let you stay longer, you will need to find somewhere else to live quickly. If you are having problems, use our directory to find an advice centre or call our helpline to speak to an adviser.

Result - Your rights depend on whose name is on the tenancy agreement

If you live with family or friends but pay rent to a landlord or letting agency, your rights will depend on whose name the agreement is in. If your name is not on the tenancy agreement, you will probably be an excluded occupier. This means that you have very limited rights and are only entitled to ‘reasonable notice’, which could be verbal.

If you cannot negotiate to stay longer, you will need to find somewhere else to live quickly. If you are having problems, use our directory to find an advice centre or call our helpline to speak to an adviser.

Result - You are an excluded occupier

You are likely to be an excluded occupier if you live in a hotel, bed and breakfast or hostel. This means that you have very limited rights. Your landlord only has to give you ‘reasonable notice’ if they want to evict you, which could be verbal.

However, you should check your status with an adviser. You may be an occupier with basic protection (which would give you a bit more protection from eviction as you’d be entitled to a court order) if:

  • you have your own room, and
  • the owner doesn't live on the premises, and
  • services are not provided.

use our directory to find an adviser who can check this for you, or call our helpline.

Result - You have an agricultural tenancy

Farm workers in tied accommodation can have protected, statutory or assured agricultural tenancies. If you have an agricultural tenancy, you should get in touch with an adviser.

You will only have an agricultural tenancy if you are an agricultural worker. It does not matter if you are not living on agricultural land - you may well still have a tenancy.

The law in this area is very complicated. use our directory to find an adviser who can check your status, or call our helpline.

Result - Mobile homes

The laws governing the owning and renting of mobile homes are different to those governing the owning and renting of traditional 'bricks and mortar' properties. Your rights will depend on:

  • whether you own your mobile home
  • whether you rent your mobile home and
  • whether you rent a pitch to place it on
  • whether the site is protected or not.

See the page on eviction from mobile homes for more information and use our directory to find an adviser who can check your status. The law on mobile homes can be very complicated.

Result - You are an occupier with basic protection

In most cases, if you are renting student accommodation that is owned by the college or university, you will be an occupier with basic protection.

However, there are different types of student accommodation available, which may give you different tenancy rights. See our page on student housing for more information.

Result - You are probably an occupier with basic protection

In most cases, if you live in supported housing you will be an occupier with basic protection. This means that you have few rights, but your landlord has to follow the correct procedure. They must:

  • give you the correct written notice (there are rules about when this notice can be served and what information it must include)
  • get a possession order from the court once the notice period has ended.

See the page on eviction of occupier with basic protection for more information and contact an adviser if you are threatened with eviction. Your rights may vary depending on the nature of your accommodation and the level of support provided. use our directory to find an adviser who can check this for you, or call our helpline.

Start again?

We can't guarantee that the results of this assessment will always be 100% accurate. If you're unsure about any details, or if your circumstances are not covered, use our directory to find a local advice centre or call our free national helpline on 0808 800 4444 to speak to an adviser.

Did you find this page useful?

Not what you were looking for? Search our site:

Problems with the site? If you've got any feedback, good or bad, you can tell us here.

Main menu +