Eviction if you live in student accommodation

Student accommodation is:

• student halls or housing rented from your university or college

• purpose-built student accommodation rented from a private company, where the building has at least 30 bedrooms mainly rented by students

If you live in student accommodation you'll have a common law tenancy. Your landlord must follow any rules written in your contract and give you a valid eviction notice if they want you to move out.

If you do not leave at the end of your notice, your landlord can apply for a court order to make you leave.

Check when you can be evicted

Your contract should contain a term about when and how your tenancy can be ended. Your landlord must follow this process to evict you.

If your contract does not have a term about ending your tenancy, you can only be evicted:

• at the end of your fixed term

• if you break a term of your tenancy

At the end of your fixed term

Student accommodation tenancies usually have a fixed term in the contract.

If your contract does not say how long it's for, you'll automatically have a 1-year fixed term.

Your landlord can give you notice to end your tenancy at the end of your fixed term.

If neither you or your landlord gives notice to end the tenancy, it will automatically be renewed for the same amount of time, unless your contract says otherwise.

If you break a term of your tenancy

Your contract should include the terms and conditions of your tenancy.

Your landlord can evict you during the tenancy if you break one of the terms. For example, not paying your rent or damaging the property.

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 set amount of notice before you have to leave.

Your contract might say how much notice you should get. This must be at least 28 days.

If your contract does not include a notice period, 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 contract

If your landlord gives you notice verbally, ask them for confirmation in writing.

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.

What happens when your notice period ends

If you do not leave at the end of your notice, your landlord can apply for an order from the sheriff court telling you to leave.

The sheriff must automatically grant the order if your fixed term has ended, and you’ve been given valid notice to end the tenancy.

If you’re being evicted before the end of your fixed term, you could challenge this in court. For example, if you think your landlord has not followed the terms of your tenancy agreement.

You may have to pay your landlord's court fees if the eviction is granted.

Get legal advice if you want to challenge an eviction. Check our list of legal services that can help with housing issues.

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. Copy and paste the text below and personalise it with your details.

Finding somewhere else to live

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

Check our advice on housing options if you're a student.

Getting help if you're being evicted

If you get an eviction letter, speak to your student union. They can:

• help negotiate with your landlord so you can stay

• tell you where to get help if you cannot afford your rent

• help you find new accommodation if you have to leave

Contact the council and tell them you’re being evicted. They have a duty to help if you're at risk of homelessness 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.