Eviction if you live with your landlord

If you live with your landlord you’ll have a common law tenancy.

A common law tenancy is covered by the agreement you make with your landlord.

You’ll have some protection against eviction. Your landlord must give you a valid eviction notice if they want you to move out. They can only evict you at certain times.

Even if you do not have a written contract, you still have rights.

Check when you can be evicted

Your tenancy agreement may contain a term about ending your tenancy. Your landlord can follow this process to evict you.

If there's nothing in your tenancy agreement, you can only be evicted:

• at the end of your fixed term

• if you break a term of your tenancy

Check your tenancy agreement if you have one in writing.

At the end of your fixed term

If you've been given a tenancy for a fixed period of time, your landlord can evict you at the end of the fixed period.

Your tenancy agreement should say if you have a fixed term.

If neither you or your landlord end your agreement, it will automatically renew at the end of the fixed term. This is called tacit relocation.

Your agreement might say how long it renews for. If not, it will renew for the same initial term.

If a fixed term was not agreed when you moved in, your tenancy will last for 1 year from the date that you moved in or first paid rent.

If you break a term of your tenancy

If you have a tenancy agreement it will include the terms and conditions of your tenancy.

Your landlord can evict you if you break one of the terms. 

For example, if you stop paying your rent or you damage the property.

The eviction ban does not apply

There's a temporary eviction ban for some tenancy types.

The ban does not apply to you if you live with your landlord.

Check how much notice you should get

You should get a notice in writing. It should say when your tenancy will end and give you a number of days notice before you have to leave.

You must get at least:

• 40 days’ notice, if you have a fixed term of 4 months or more

• 28 days’ notice, if you have a fixed term of less than 4 months or if you break a term of your agreement

If your landlord gives you notice verbally, ask them for confirmation in writing. You might need this if you are applying for housing from the council or a housing association.

What happens when your notice period ends

You need to move out when your notice period ends. Your landlord does not need a court order to make you leave.

Your landlord can ask the police to remove you if you refuse to leave.

If your landlord has not given enough notice

Tell them you're entitled to the correct amount of notice.

Use this template to help you know what to say.

Negotiating with your landlord

You can negotiate with your landlord if they want to evict you.

Ask them to delay or stop the eviction.

Tell your landlord if you need more time, for example to find somewhere else to live or to save for a deposit.

If you’re being evicted for breaking your tenancy agreement, explain what you'll do to fix it. For example, if you're being evicted for rent arrears, arrange to pay back what you owe.

Use this template to ask your landlord for more time.

Getting your deposit back when you move out

First, try to negotiate with your landlord to get your deposit back.

If you cannot come to an agreement, you could apply to get your deposit back through a court process called simple procedure. You do not need a solicitor to apply.

Check Citizens Advice for guidance on simple procedure

If you’re being forced out

Your landlord should give you valid notice and wait till the notice period expires before telling you to leave.

If they have not done this, they should not:

• change the locks while you're out

• physically remove you from your home

• force you to leave by threatening or harassing you

• make your living situation so unbearable that you leave

What to say to your landlord if you’re being forced out

Tell them they’re not following the legal eviction process. Use our template so you know what to say.

Getting help from the council or the police

You can ask the council and the police to help you stay in your home until the notice period expires.

Show them your tenancy agreement if you have one, to prove you have a right to occupy your home.

This can give you more time to stay in your home, and find somewhere else to live.

Finding somewhere else to live

Start looking for a new home as soon as you can.

You could try:

• looking for another private rented home

• applying for social housing from the council or a housing association – you could get higher priority if you’re being evicted
  

Getting homeless help from the council

Contact the council and tell them you live with your landlord and you’re being evicted. They have a duty to help if you're at risk of becoming homeless within 2 months.

Check our advice on making a homeless application.

If you're not a British or Irish citizen, your rights to homeless help could be different. Check our advice on how your immigration status affects your housing options.