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If you've got an eviction notice

Mae’r cyngor hwn yn berthnasol i Cymru

Your council or housing association will send you a notice if they want to evict you. This is called a ‘notice seeking possession’. You won’t have to leave your home straight away.

If you’re still there on the date they want you to leave, your landlord will usually have to go to court to start the eviction process. There are lots of steps they must follow before they can evict you.

If you don't leave your home and your landlord takes you to court, you might have to pay their court costs as well as court fees. This can be expensive.

Check if your notice is valid

Your landlord must send you the correct notice - the rules depend on your tenancy type.

You should also check if your notice has any other mistakes on it - like the wrong address or name.

Contact your nearest Citizens Advice if you're not sure what tenancy type you have or if you need help checking your notice. 

If you're a secure tenant

Your landlord must give you notice in writing.

It must:

  • say why your landlord wants you to leave - the reason they’re using to evict you and why
  • say the date after which they can start the court process - they must give you the right amount of notice, depending on when they send you the notice seeking possession
  • be written on the correct form - check the form on GOV.UK

If you got your notice seeking possession on or after 26 March 2020, there are special rules because of coronavirus. You can check how much notice your landlord had to give you.

If you’re being evicted for anti-social behaviour, your landlord might be able to start the court process immediately. Contact your nearest Citizens Advice for help if you’re being evicted for anti-social behaviour.

You should always mention if there are mistakes in your notice. In some cases, the court might decide that the case can go ahead anyway.

If the notice says your landlord wants to evict you under ‘section 84a’

Your landlord doesn’t need to use the same form. 

If you got your notice seeking possession on or after 26 March 2020 and before 29 August 2020, your landlord had to give you 3 months’ notice.

If you got your notice seeking possession on or after 29 August 2020, your landlord had to give you at least 28 days' notice. If the time between when your rent payments are due is longer than 28 days, your landlord had to give you that much notice. The notice must expire either on the day before or on the same day you pay your rent.

They need to tell you:

  • why they’re evicting you  - they can only do this in limited circumstances
  • that you can ask for a review and the deadline for asking for a review
  • that you can get help from Citizens Advice, a housing aid centre, law centre or solicitor

If you're a flexible tenant

Your landlord must give you notice in writing.

It must say:

  • why your landlord wants you to leave - the reason they’re using to evict you and why
  • the date after which your landlord can start the court process - they must give you the right amount of notice, depending on when they send you the notice seeking possession

If you got your notice seeking possession on or after 26 March 2020, there are special rules because of coronavirus. You can check how much notice your landlord had to give you.

Your tenancy agreement must say that your landlord can evict you during your fixed-term tenancy if you break the terms of your agreement.

You should always mention if there are mistakes in your notice. In some cases, the court might decide that the case can go ahead anyway.

If your notice says the landlord wants to evict you under ‘section 84a’

Your landlord doesn’t need to use the same form. 

If you got your notice seeking possession on or after 26 March 2020 and before 29 August 2020, your landlord had to give you 3 months’ notice.

If you got your notice seeking possession on or after 29 August 2020, your landlord had to give you at least 28 days' notice. If the time between when your rent payments are due is longer than 28 days, your landlord had to give you that much notice. The notice must expire either on the day before or on the same day you pay your rent

They need to tell you:

  • why they’re evicting you - they can only do this in limited circumstances
  • that you can ask for a review and the deadline for asking for a review
  • that you can get help from Citizens Advice, a housing aid centre, law centre or solicitor

If the council is not renewing your tenancy

The council must give you a ‘notice of non-renewal’ before the fixed term of your tenancy ends. They must:

  • give you at least 6 months notice
  • say they’re not renewing the tenancy and give reasons why
  • tell you how to ask for a review of the decision

You must ask for a review within 21 days of receiving the notice. The council must let you know their decision in writing.

Once they’ve sent you a notice of non-renewal, the council must send you a ‘notice seeking possession’ asking you to leave your home.

It must give you the right amount of notice, depending on when you got your notice seeking possession.

If you got your notice seeking possession on or after 26 March 2020, there are special rules because of coronavirus. You can check how much notice your landlord had to give you.

If you're an introductory or demoted council tenant

Your landlord must give you notice in writing.

Your council must tell you:

  • why they’re asking you to leave
  • the date after which they can start the court process - they must give you the right amount of notice, depending on when they send you the notice seeking possession
  • that you can ask for a review and the deadline for asking for a review
  • that they will ask the court to issue a ‘possession order’ which asks you to leave your home - find out more about possession orders
  • that you can get help from Citizens Advice, a housing aid centre, law centre or solicitor

If you got your notice seeking possession on or after 26 March 2020, there are special rules because of coronavirus. You can check how much notice your landlord had to give you.

Find out more about the review process.

If you're an assured tenant

The housing association must give you notice in writing - it’s called a section 8 notice or a ‘notice seeking possession’.

It must say:

  • why they’re asking you to leave - this includes the reasons and an explanation of why
  • the date after which they can start the court process - this depends on when and why you’re being evicted
  • be in the correct form - check form 3 on GOV.UK

Check why you can be evicted with a section 8 notice.

You should always mention if there are mistakes in your notice. In some cases, the court might decide that the case can go ahead anyway.

If you're a starter or assured shorthold tenant

Your landlord must give you notice in writing - this is usually a ‘section 21’ notice. They could give you a ‘section 8’ notice instead - this will need to include different things.

If you’ve had a fixed-term tenancy lasting more than 2 years and your landlord isn’t renewing it, they must give you at least 6 months’ written notice. This is called a ‘notice of non-renewal’. It must say that they won’t extend your tenancy and let you know where you can get help and advice. It should also tell you how to challenge your landlord's decision not to renew the tenancy.

If you get a section 21 notice

Your landlord can only give you a section 21 notice if they’ve already given you a notice of non-renewal.

You can check how much notice your landlord needs to give you when they give you a section 21 notice.

If you’ve got a section 21 notice, your landlord might be able to evict you without a court hearing - this is called ‘accelerated possession’.

They need to apply to the court to do this - you’ll receive a copy of their application if they do. You’ll also receive a defence form - you can use this to challenge the eviction

Your landlord can’t use an accelerated possession to evict you if you have:

  • a demoted assured shorthold tenancy
  • an assured shorthold tenancy that began before 28 February 1997
  • a verbal tenancy agreement - for example you’ve never had a written tenancy agreement

If you got a section 8 notice

The housing association must give you notice in writing - it’s called a section 8 notice or a ‘notice seeking possession’.

It must say:

  • why they’re asking you to leave - this includes the reasons and an explanation of why

  • the date after which they can start the court process - this depends on when and why you’re being evicted

Check why you can be evicted with a section 8 notice.

You should always mention if there are mistakes in your notice. In some cases, the court might decide that the case can go ahead anyway.

If you're a demoted housing association tenant

Your landlord must give you notice in writing - this is called a section 21 notice. Check the form they must use on GOV.UK.

If your tenancy started after 1 October 2015, your section 21 notice won’t be valid if you didn’t receive an energy performance certificate before you got the notice. If your home uses gas, they must also send you a gas safety record.

Check what your section 21 notice should include.

They need to apply to the court to do this - you’ll receive a copy of their application if they do. You’ll also receive a defence form - you can use this to challenge the eviction

If your notice isn't valid

Your landlord will usually have to give you a new, valid notice if they still want you to leave your home. This will mean you have more time in your home. If you’re being evicted for a specific reason, it’s worth using the extra time to sort out the problem.

Your landlord will have to start the court process if you haven’t left your home by the date on your notice. You’ll get court papers and a defence form which you can use to challenge the eviction. Explain why the notice isn’t valid. Get help filling in the defence form.

Sometimes the court might go ahead with the case even if the notice isn’t valid. This depends on the type of tenancy and the circumstances. If you think the notice isn’t valid you should contact your nearest Citizens Advice for help

If your notice is valid

Your landlord can’t usually make you leave your home until they’ve gone to court to get a possession order and a warrant for eviction. It’s important that you keep paying your rent.

Coronavirus - if your landlord goes to court to evict you

Your landlord has to follow coronavirus guidelines and rules if they want to evict you – check if your landlord has followed the rules.

You should talk to an adviser as soon as possible if:

  • you get letters or paperwork from the court
  • bailiffs try to evict you

If they’ve applied to the court for ‘accelerated possession’, there won’t usually be a court hearing - unless you challenge the eviction.

You’ll get court papers when your landlord applies to court. You can challenge your landlord’s eviction claim when you get the court papers.

If it goes to court, the court could also order you to pay your landlord's court fees if you're evicted - these can be expensive.

If you decide to leave your home before the date on your notice

Don’t leave your home before the date on your notice if you haven’t found somewhere else to live.

If you leave your home before the court makes a possession order, it might affect what help your local council can offer you. Find out more about possession orders.

Your council might have a legal duty to help find you accommodation. Check if you can apply for homeless help.

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