Eviction: Your Rights as a Tenant in the UK
A landlord cannot simply tell you to leave. They must follow a strict legal process, serve a valid written notice, wait for the notice period to expire, and then apply to court if you don't leave. You have rights at every stage, and many eviction attempts fail because the landlord hasn't followed the rules.
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England, Scotland, Wales & Northern Ireland.
How eviction works in England, Section 21 is abolished
Since 1 May 2026, landlords in England can only evict using Section 8, they must cite a specific ground set out in law. The main grounds are:
Scotland, Private Residential Tenancy (PRT)
Scotland abolished fixed-term assured shorthold tenancies in December 2017. All new tenancies are Private Residential Tenancies (PRTs).
- ✓There is no equivalent of Section 21 in Scotland, landlords must cite a ground to evict you
- ✓Notice periods range from 28 days to 84 days depending on how long you've lived there
- ✓You can challenge an eviction notice at the First-tier Tribunal for Scotland (Housing and Property Chamber)
- ✓A landlord cannot evict you during winter months on 'no fault' grounds (seasonal restrictions apply to some grounds)
Section 21 is now abolished, historical context and pre-May 2026 notices
Section 21 of the Housing Act 1988 previously allowed landlords to evict tenants without giving any reason, provided they gave 2 months' notice and followed the correct procedure. This is no longer available. It was abolished on 1 May 2026 under the Renters' Rights Act 2025.
A pre-May 2026 Section 21 notice could be legally invalid, meaning the landlord cannot use it to evict you, if:
- ✓Your deposit wasn't protected in a government-approved scheme within 30 days
- ✓You weren't given the deposit protection certificate and prescribed information
- ✓The property has no valid Energy Performance Certificate (EPC)
- ✓The property has no Gas Safety Certificate
- ✓You weren't given the government's 'How to Rent' guide at the start of the tenancy
- ✓The notice was served within the first 4 months of the tenancy
- ✓The notice isn't on the correct Form 6A
- ✓You've made a complaint about repairs within the last 6 months (retaliatory eviction rules)
What to do when you receive an eviction notice
The court process, what happens if you stay
If you don't leave after the notice period, the landlord must apply to court for a possession order. This takes time and gives you further opportunity to challenge the eviction:
Will the council rehouse me if I'm evicted?
The council has a legal duty to help you if you are homeless or threatened with homelessness within 56 days. This duty comes from the Homelessness Reduction Act 2017 and applies to anyone, not just those with children or in a priority need category.
- ✓Contact your local council housing team as soon as you receive an eviction notice, do not wait until you have a court date
- ✓You are considered 'threatened with homelessness' as soon as you receive a valid notice, you do not need to wait until the notice expires
- ✓The council must do a homeless assessment and create a Personalised Housing Plan within 2 weeks
- ✓If you are in 'priority need' (e.g. pregnant, have dependent children, are vulnerable due to illness or disability), the council must secure accommodation for you
- ✓If you are not in priority need, the council still has a prevention and relief duty, they must take reasonable steps to help you avoid homelessness
- ✓The council cannot tell you to 'wait until you are evicted', this is unlawful and you can challenge it
Illegal eviction, your rights and what compensation you can claim
It is a criminal offence for a landlord to evict you without a court order. The following are all examples of illegal eviction:
- ✓Changing the locks while you are away or forcing you out of your home
- ✓Removing your belongings, furniture, or possessions to make the property uninhabitable
- ✓Cutting off gas, electricity, or water to force you to leave
- ✓Threatening or harassing you into leaving
- ✓Entering the property and refusing to leave to intimidate you
- ✓Physically removing you from the property
What you can do:
- ✓Call the police, illegal eviction is a criminal offence under the Protection from Eviction Act 1977
- ✓Apply to the County Court for an injunction to be reinstated to your home, this can be done urgently (same-day in emergency cases)
- ✓Claim damages for illegal eviction, courts can award significant compensation based on the difference between the open market value of your home and what you paid in rent
- ✓Contact your local council, councils have a duty to investigate and can prosecute landlords
- ✓Shelter's helpline (0808 800 4444) can advise you urgently on illegal eviction
Get instant help right now
A Citizens Advice appointment can take weeks. Our free assistant is available 24/7 with no appointment, giving you clear, step-by-step answers about your exact situation, what to do next, and the deadlines that matter.
Need to take action? It can draft a ready-to-send formal letter for you (optional, from £4.99).
England, Scotland, Wales & Northern Ireland.
Frequently asked questions
Do I have to leave when an eviction notice expires?
No. An eviction notice is not a court order. When the notice period expires, you do not have to leave. The landlord must apply to the County Court for a possession order. This process takes several months. Only after a court order is granted, and bailiffs are instructed, can you be legally required to leave. Use the time to seek housing advice and contact your council.
Can my landlord still use Section 21 to evict me?
No. Section 21 no-fault eviction was abolished in England on 1 May 2026 under the Renters' Rights Act 2025. Any Section 21 notice served on or after that date has no legal effect. If your landlord serves you a Section 21 notice now, you do not have to leave, contact Shelter or Citizens Advice for advice.
Will the council rehouse me if I am evicted?
Your council has a legal duty to help you if you are homeless or threatened with homelessness within 56 days. Contact them as soon as you receive an eviction notice, do not wait. If you are in priority need (pregnant, have children, are disabled or vulnerable), the council must secure accommodation for you. Even if you are not in priority need, the council must take steps to help prevent your homelessness.
What is illegal eviction and can I claim compensation?
Illegal eviction occurs when a landlord removes you from your home without a court order, for example by changing the locks, removing your belongings, cutting off utilities, or physically forcing you out. This is a criminal offence under the Protection from Eviction Act 1977. You can apply to court for an urgent injunction to be reinstated, and claim damages for illegal eviction, which can be substantial based on the rental value of the property.
What grounds can a landlord use to evict me now that Section 21 is gone?
Since 1 May 2026, landlords in England must use Section 8 and cite a specific legal ground. Common grounds include: rent arrears of 2+ months (mandatory, court must grant possession if proved); anti-social behaviour; criminal convictions; the landlord intending to sell (Ground 1A); or the landlord or a family member wanting to move in (Ground 1). For most grounds, landlords cannot seek possession in the first 12 months of a tenancy. The notice period varies from 2 weeks to 4 months depending on the ground.
Can my landlord evict me for complaining about repairs?
Landlords cannot use eviction as retaliation for raising a legitimate repair complaint. Under the Renters' Rights Act 2025, Section 21 is abolished entirely, removing the most common tool for retaliatory eviction. If a landlord tries to use a Section 8 ground in response to a repair complaint, a court can take that into account. Keep written records of all repair complaints, the dates, and any council correspondence.
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