Eviction of occupiers with basic protection
Most tenants can only be evicted in certain circumstances. Your landlord must follow the correct procedure. This section explains when landlords have the right to evict occupiers with basic protection and the procedures that must be followed.
You can get help from Shelter Cymru, see advice near you to find an advice surgery near you.
Am I an occupier with basic protection?
You are likely to be an occupier with basic protection if:
- you live in the same building (which is not a purpose-built block of flats) as your landlord but do not share living accommodation with the landlord
- you live in a student hall of residence
- you pay a very low rent or a very high rent.
The 3 steps to eviction
To evict an occupier who has basic protection only, your landlord has to follow 3 steps :
Landlords do not have to prove any reasons to obtain a possession order against an occupier with basic protection.
Step 1 : Notice
If you are a fixed term occupier your landlord can apply to the court for a possession order after the end of the fixed term. There is no need for the landlord to give you notice. If your landlord wants to evict you before the end of the fixed term your rights will depend on the exact terms of your contract.
If you are a periodic occupier your landlord must give you a written notice before you can be evicted. They don’t have to give a reason. The notice must:
- end on the day, or the day immediately before, your rent is due
- be for a certain length of time depending on how often you pay your rent and
- comply with any other terms in your tenancy agreement about giving notice.
If you pay rent weekly the notice must be at least four weeks. If you pay rent monthly the notice must be at least one month. Otherwise the notice must be the length of time agreed in your tenancy agreement (if you have one) or the length of time between rent payments, whichever is longer.
Step 2 : Possession Order
Once the notice ends your landlord can apply to the court for a possession order. If the notice you were given is valid the court has no choice but to make a possession order. It will usually order that you must leave in 14 days. It is only possible to delay the possession order (for a maximum of six weeks) if you are suffering great hardship.
Landlords have to pay court costs in order to evict tenants. If your landlord has to take you to court to force you to leave it is likely that you will have to pay your landlord’s court costs. Most tenants leave before the notice ends if they are able to.
Click here for advice on what to expect at court.
Step 3 : Bailiff
If you still haven’t left after a court order takes effect your landlord can ask the bailiffs to evict you.
If your landlord tries to evict you without getting a court order or without a court bailiff they are breaking the law. There might be action you can take to stop your landlord from doing this. See our pages on harassment and illegal eviction.
We are sorry that we cannot provide this information in Welsh, however if you would like to speak to an adviser in Welsh please contact 0345 075 5005.