One of the most important things assured shorthold tenants should remember is that you can be evicted fairly easily. The most common reason for eviction is rent arrears, but your landlord also may try to evict you if you try to challenge rent increases or get repairs done. S/he does not need to prove a reason unless your tenancy is within a fixed term, but s/he has to follow the correct procedure.
Your landlord has to give you written notice if s/he wants you to leave. If your landlord is claiming you have done something wrong (such as not paying the rent) you may only get two weeks’ notice.
However, if your landlord doesn’t have a reason to evict you, the notice must be at least two calendar months or the same period for which rent is paid, whichever is longer. If your tenancy is periodic, the notice should end on the last day of a rental period (the day before your rent is due). A landlord cannot give you this form of notice if he or she is not registered with Rent Smart Wales.
If you don’t leave by the end of the notice period, your landlord can apply for a court order.
You cannot be evicted before your landlord has gone to court and the court has agreed to your landlord regaining possession of the property. The court’s permission is on a written notice known as a possession order. The court has no choice but to make an order to evict assured shorthold tenants if the correct procedure has been followed. You may be able to ask the court to delay the order but this can only be done for up to six weeks, and only if you face exceptional hardship.
You will be given the chance to provide information to the court to help the judge decide whether or not you should be evicted. You can send information to the court and/or go to a hearing.
If you don’t leave by the time a court order takes effect, your landlord can ask the bailiffs to physically remove you from the property.
Take a look at our page on Eviction of assured shorthold tenants for more detailed advice.