{"id":1174,"date":"2023-02-28T06:14:04","date_gmt":"2023-02-28T06:14:04","guid":{"rendered":"https:\/\/www.theukrules.co.uk\/?page_id=1174"},"modified":"2023-10-19T10:36:21","modified_gmt":"2023-10-19T10:36:21","slug":"private-renting-eviction","status":"publish","type":"page","link":"https:\/\/www.theukrules.co.uk\/rules\/housing\/private-renting-eviction\/","title":{"rendered":"Eviction Process for Private Tenants | Evictions Guide"},"content":{"rendered":"

YOUR RIGHTS<\/strong>: Find out exactly what procedures landlords must follow when evicting tenants.<\/p>\n

There is further advice and information about eviction notices and going to court.<\/p>\n

What are your rights on harassment by your landlord and illegal evictions of private tenants?<\/p>\n

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Rules Landlords Must Abide By<\/h2>\n

There are strict procedures and rules landlords must follow (e.g. private renting rights as a tenant<\/a>). The rules also apply if they want you to get out of their property.<\/p>\n

But, the exact private renting eviction process depends on the type of tenancy agreement you have and the written terms in it.<\/p>\n

What happens if they fail to follow the rules landlords must abide by? In some cases your landlord may be guilty of illegal eviction or harassment if they break the UK rules<\/strong>.<\/p>\n

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Rules for Eviction from a Periodic Assured Shorthold Tenancy<\/h2>\n

What does periodic tenancy mean? Periodic tenancies are the same as periodic assured shorthold tenancies or ASTs. As a rule AST do not have a fixed end date so they run on a week-by-week or on a month-by-month basis.<\/p>\n

Landlords must follow rules to evict tenants who have an assured shorthold tenancy. In most cases your landlord must give you ‘notice to quit’ if you have one of these periodic tenancies. They must also abide by certain eviction procedures for private tenants.<\/p>\n

Note<\/strong>: The exact process depends on what type of tenancy agreement you have<\/strong> and the terms of the contract.<\/p>\n

What happens if you do not leave the property at the end of the notice period?<\/p>\n

In that case your landlord must apply to the court and get a possession order.<\/p>\n

A possession order grants a landlord the right to evict a private tenant. It starts the process for a landlord to retake possession of their property.<\/p>\n

What happens if the court grants your landlord a possession order but you still fail to leave the property?<\/p>\n

If that happens a landlord should apply for a warrant for possession. Having a warrant for possession means bailiffs can evict private tenants from a property.<\/p>\n

Note<\/strong>: A possession order does not take effect until you have lived in the property for at least 6 months<\/strong>.<\/p>\n

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Rules for Fixed Term Assured Shorthold Tenancy<\/h2>\n

If you have a fixed-term tenancy it will run for a set amount of time. Landlords must give proper notice for private tenants who are in fixed-term tenancies.<\/p>\n

What happens if you refuse to leave the property at the end of the notice period? In this case the rules would depend on whether the fixed term has ended in full or not.<\/p>\n

Evicting a Tenant During Fixed Term<\/h4>\n

A landlord can only evict a tenant during fixed term tenancies for certain reasons. Some the typical reasons can include:<\/p>\n