When you rent a property from a landlord you will become a tenant and should receive a tenancy agreement from your landlord setting out the terms of your rights to occupy the property.
Most new tenancy agreements are Assured Shorthold Tenancies (AST), and should have a fixed term generally of 6 or 12 months. You should be allowed ‘quiet enjoyment’ of the property for at least this period.
If the landlord wants you to leave i.e, re-possess the property he/she must wait until the end of the fixed term unless you agree to leave earlier. The landlord must issue you with a notice to quit either in accordance with Section 21 of the Housing Act 1988 or in accordance with Section 8 of the Housing Act 1988. A notice correctly issued in accordance with Section 21 is often referred to as a ‘no-fault’ eviction as the landlord does not have to rely on any breach of the tenancy agreement.
There is currently legislation passing through parliament – The Renter’s Rights bill which proposes to end the process detailed in Section 21.
If you ignore the notice and stay in the property beyond the date shown on the notice the landlord must make an application to the court for possession, this can take time to arrange and for the court to hear the case particularly if you dispute the claim. You may be liable for the landlords court costs and any rent due.
If the landlord is successful in obtaining an outright possession order, and you do not leave by this date, your landlord still has to apply for bailiffs to evict you. Your landlord cannot evict you themselves.
The bailiff must give you two weeks notice of the date they will come to the property If you’re still at the property when the bailiffs arrive, they will ask you to leave.
You should be ready to leave and hand the keys back. They may allow you a short time to move your belongings out but it’s best to do this in advance.
Ashford Advice has a legal aid contract to assist you, if you are eligible, to dispute your case in court.
You can check your eligibility for legal aid at https://www.gov.uk/check-legal-aid