Eviction
Most private tenants are now protected by changes introduced under the Renters’ Rights Act.
Assured shorthold tenancies have been replaced, and landlords can no longer use ‘no fault’ evictions. This means that in most cases, your landlord must have a valid legal reason to ask you to leave.
Section 21 notices
Section 21 notices (sometimes called ‘no fault evictions’) have been abolished. Landlords can no longer ask you to leave without giving a specific legal reason.
If you have previously received a Section 21 notice, you should get advice as soon as possible, as different rules may apply depending on when the notice was issued.
For more information about your rights, see the government’s guidance on the Renters’ Rights Act.
Section 8 notice
Your landlord can still try to evict you using a Section 8 notice, but they must have a legal reason.
Common reasons include:
- you owe rent (usually at least 2 months’ rent)
- you have paid late more than once
- you have broken the terms of your tenancy
- your landlord needing to sell the property or move in themselves (in certain circumstances)
The notice period and the reason your landlord uses will depend on your situation. In many cases, the court will consider whether it is reasonable to evict you.
If you owe rent, get advice early. You may be able to gets financial help, including Discretionary Housing Payments, although these are awarded on a case-by-case basis.
Illegal eviction and harassment
It is a criminal offence for a landlord to harass you or try to force you to leave without following the correct legal process.
Examples of illegal eviction or harassment include:
- changing the locks without a court order
- preventing access to part of your home
- threatening or physically intimidating you
- cutting off services such as gas, electricity or water
You do not have to leave your home unless a court has ordered you to leave and bailiffs are involved.
If you are in immediate danger, call the police on 999.
For non-emergencies, call 101.
If you think your landlord is trying to evict you illegally, contact our Private Sector Housing Team.
Email: pshousing@elmbridge.gov.uk
Phone: 01372 474625
Homelessness
If you're worried about losing your home, contact us as soon as possible for advice and support. You can also find more information on our homelessness pages.