My Landlord is asking me to leave

Your rights as a tenant are complicated and depend on the type of tenancy you have.  The information on the Resources page should help to establish your position.

Many landlords do not issue correct Notices so your Notice may be invalid. Contact Housing Services if you are unsure.

Most commonly, you need to be given 2 month’s notice on a standard Assured Shorthold Tenancy. If your tenancy has continued after the first six months of you moving in, then your final date must be the day before your rent is due. A landlord can give you less than two month’s Notice if there are problems with your tenancy such as you are behind with the rent or you have caused damage to the property. If you think these may apply to yourself then contact Housing Services to make an appointment with one of our advisors.

Illegal Eviction and Harassment

The law says you are entitled to live peacefully in your home and should not be forced to leave without the landlord following the correct procedures.

• The only lawful way you can be forced to leave your home is by a possession order issued by county court bailiffs.
• Any attempts to force you to leave, to lock you out or threaten you with eviction are illegal, and the council can prosecute your landlord. Even if you owe rent or have broken your tenancy agreement, the landlord must use the proper procedure.
• Harassment such as constant or unwanted telephone calls, unannounced visits at odd hours & cutting off your utilities, is a criminal offence. It can also include racial or sexual harassment by your landlord if it is aimed at persuading you to leave your home.

An illegal eviction is a criminal offence under the Protection from Eviction Act 1977. It can result in the landlord receiving a criminal record, large fines and even imprisonment. While it can be difficult to restore access to your home if you have been illegally evicted, the Council can negotiate with landlords to avoid this or prosecute landlords who have illegally evicted you.

Remember, your rights to occupy do not end just because your tenancy has ended. Housing Services will do all they can to help you keep your home. They can:

• advise you of your responsibilities,
• advise you on welfare benefits to help with your rent or mortgage,
• negotiate with your landlord about any problems,
• assist you with finding further accommodation should you need to move out.

Housing Benefit

Housing Application Form

Housing Benefit Calculator