There can be several reasons why a Landlord may want to evict you while you are still living in the property. Maybe you have broken your tenancy agreement (intentionally or unintentionally) by not paying your rent, or maybe the landlord simply wants to move back into the home themselves. It can be scary having to leave your home and find somewhere new to live. But before you make any rash decisions, we've listed a few things below that you should know.

Can a landlord evict you for no reason?

Being evicted by a private landlord works the same as being evicted by a social landlord. Both will have to give you grounds for eviction. If you have broken your tenancy agreement, they will likely use a section 8 notice. This will require them to state one or more of the 21 specific grounds for eviction. If your tenancy period has come to an end or you're on a periodic tenancy they may use a section 21.

A section 21 notice allows the landlord to evict you without providing a reason. However, they are required to give you a minimum of 2 months' notice before you must vacate the property.

Regardless of which notice your landlord uses, there are specific legal processes they have to follow in order for the notice to be valid.

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Check the form and dates are correct

If the form and dates aren't correct, the form may be invalid.

• For a section 21 notice, the landlord must use the government Form 6A. They should also give you at least 2 months’ notice, and the date of the eviction cannot be within the first 6 months of the tenancy or within any fixed term.
• For a section 8 notice, they must use the government Form 3 and give you the correct amount of notice, according to the ground they are evicting you on.

Tenants' rights - eviction notices

Section 8

If your landlord is using a section 8, they must give one or more legal reasons (grounds) for possession and how they apply to your situation.

If you have fallen into rent arrears, and your landlord has issued a section 8 notice stating ground 8 (serious rent arrears), the notice will only be valid if you owe:

• At least 8 weeks’ rent if you pay weekly or fortnightly
• At least two months’ rent if you pay monthly

This must be true for both the time notice is given and the time of any court hearing. So, if you owe less than the amounts above by the time of any court hearing, the eviction will not be valid.

Section 21

If your landlord is using a section 21, it could be declared invalid by a court if they have:

• Not correctly protected your deposit in a government-approved scheme and provided you with the relevant prescribed information
• Failed to provide you with copies of the EPC and current gas safety certificate, or the government’s ‘How to rent’ guide
• Been served with notice to make repairs by the local authority and not done so
• Charged you a fee that is banned under the Tenant Fees Act
• Failed to secure a licence for the property where required

They will be unable to evict you via Section 21 until they are legally compliant.

Other things you should know

• If you do not leave the property by the date specified on the eviction notice, the landlord can apply to the court for a possession order.
• If your landlord has used a section 8 ‘mandatory’ ground and it can be proven, a judge has to grant a possession order.
• If the landlord is evicting you via a section 8 stating one of the ‘discretionary’ grounds, you can contest the eviction and if you go to court, it’s up to the judge whether or not to grant the landlord a possession order.
• Your landlord is not allowed to harass you at any point during your tenancy, including if you are within your notice period to leave. If you feel they are harassing you – e.g. with repeated calls, emails or visits to the property – you can report them to the local council.
• If the case has gone to court and the landlord has been granted a possession order, you must leave the property – you have no legal right to stay.
• If a possession order has been granted and you refuse to leave the property, a bailiff will be instructed to remove you and your possessions.

The eviction process can take a while and can be very stressful. Do get help from the likes of Shelter or Citizens Advice or if you are in financial difficulties, it’s worth speaking to the local housing department at your Local Authority – their job is to help you stay in a home.