Eviction: converted introductory standard contracts

  • Introductory standard contracts that started before 1 December 2022 have different eviction rules to contracts that started after that date
  • You may only get 2 months’ notice if you had an introductory or starter tenancy before 1 December 2022
  • It can be difficult to work out the rules about notices for converted contracts. Read the information below and get help if you are unsure

If you are a converted introductory standard contract-holder your landlord doesn’t always need to provide a reason for evicting you, but they must follow the correct procedure and get a court order.

If you moved into your home on or after 1 December 2022 the information on this page does not apply to you. Please visit our advice pages about eviction by a community landlord instead. 

The 3 steps to eviction

Step 1: Notice  

Your landlord must first give you written notice. The notice must specify how long before they can start court action.  

Step 2: Court action 

Before starting court action community landlords must also follow rules set out in a special pre-action protocol. If you think your landlord has not followed the pre-action protocol, get advice.  

Step 3: Bailiff 

If you have not left on the date the possession order says you should, the landlord must then arrange for a county court bailiff to evict you. You can only be evicted by bailiffs with an eviction warrant. If anyone tries to force you to leave your home without following this process, it is likely to be an illegal eviction.   

Grounds for eviction: ‘absolute grounds’

Your landlord may be able to end your converted introductory standard contract without having to prove to the court that it is reasonable to evict you by using ‘absolute grounds’ (sometimes referred as ‘mandatory grounds’). This means that if the landlord follows the correct procedure the court has to grant a possession order. These grounds are:

  • ‘no fault’ eviction (known as a ‘section 173’ notice)
  • serious rent arrears of 2 months or more (known as a ‘section 181’ notice).

How much notice will I get for a ‘no fault’ eviction?

If your landlord is the council 

Your landlord can’t give you a ‘no fault’ notice until 4 months after you moved in. 

If your landlord is evicting you using the ‘no fault’ eviction procedure (section 173), you should get 2 months’ notice if the notice is given on or after 1 December 2022. 

Court action can only begin after the notice period has ended but must begin within 2 months of the notice period ending. 

If you received a notice before 1 December 2022, you may have been given 1 months’ notice before court action can begin. The landlord has a maximum of 12 months to begin court action, but can’t do so any later than 1 June 2023).   

If your landlord does not give you a written contract by 1 June 2023 they can’t give you a ‘no fault’ section 173 notice until 6 months after they provide the written contract 

If your landlord is a housing association 

Your landlord can’t give you a ‘no fault’ notice until 4 months after you moved in.  

If your landlord is evicting you using the ‘no fault’ eviction procedure (section 173), you should get 2 months’ notice.  

Court action can only begin after the notice period has ended.  

If you received notice on or after 1 October 2022 court action must be started within 2 months of the notice period ending.   

If you received notice at any time before 1 October 2022 your landlord must begin court action before 1 February 2023. 

If the landlord doesn’t start court action within 2 months they can’t give you another ‘no fault’ notice for a further 6 months.   

If your landlord does not give you a written contract by 1 June 2023 they can’t give you a ‘no fault’ section 173 notice until 6 months after they provide the written contract 

 Serious rent arrears 

If your landlord is evicting you because of serious rent arrears your landlord can begin court action after 1 months’ notice. 

After giving you notice your landlord has 6 months to begin court action.

If you received notice before 1 December 2022, your landlord has a maximum of 12 months to begin court action, but can’t do so any later than 1 June 2023. 

The right to ask for a review of the decision to give you notice

If your landlord gives you a ‘no fault’ eviction notice or a serious rent arrears eviction notice you can ask them to review their decision to evict you. You should be informed of the right to request a review in the notice. The court can dismiss the landlord’s possession claim if the notice does not inform you of the right to a review. 

You should request a review in writing within 14 days of receiving the notice. For more information, please see requesting a review of a community landlord’s decision 

How the court makes a decision

‘No fault’ (section 173) eviction 

If your landlord is using the ‘no fault’ eviction procedure, then the court must grant a possession order to the landlord providing they have followed the procedure correctly.  

You may not be given a hearing if the landlord is using the ‘no fault’ eviction procedure. However, the court papers you receive should give you the opportunity to say if you don’t think the landlord has followed the correct notice procedure or the pre-action protocol. Depending on the circumstances, the court may then decide a hearing is appropriate.   

Serious rent arrears 

If your landlord is evicting you for serious rent arrears, the court has to grant a possession order if you are in 2 months arrears on the day you were given notice and on the day of the hearing. If you are not in serious rent arrears on one of these days the court may decide not to evict you. 

If your landlord applies to court, the papers you receive from the court should give you the opportunity to say if you don’t think the landlord has followed the correct notice procedure or the pre-action protocol. You can also notify the court if you think there has been a mistake in calculating rent arrears or if there are issues with claiming housing benefit or universal credit.    

For information about the different decisions the court can make, see here. 

Asking the county court to review the decision to evict you 

In some circumstances you can ask the county court to review the decision to evict you. This applies if: 

  • you have an introductory standard contract and are being evicted using the ‘no fault’ procedure 
  • you have an introductory standard contract and are being evicted for serious rent arrears 

You can ask for a county court review even if the landlord has already reviewed the decision to give notice (see above). 

Get help if you are in this situation. County court reviews use the principles of ‘judicial review’ and can be complicated.  

For more information about what to expect during the court process, click here. 

Grounds for eviction: ‘discretionary grounds’ 

In some circumstances your landlord might choose to evict you using specific reasons. These reasons are known as ‘discretionary’ grounds. There are 2 types of discretionary grounds:    

Breach of contract 

If you have broken any terms of your contract, your landlord might be able to evict you. Breaches of contract could include: 

  • rent arrears (you may be able to get debt advice from the ‘Breathing space’ scheme) 
  • subletting part or all of the property without permission 
  • behaving antisocially

Estate management grounds 

Examples of estate management grounds include: 

  • if the landlord is carrying out building or redevelopment work 
  • if the property is specially adapted and is needed to house someone with needs suited to the property 

How much notice will I get?

If your landlord is evicting you for breach of contract or estate management grounds, you will usually get 1 months’ notice before your landlord can start court action.  

However, if the landlord is evicting you for antisocial behaviour they can begin court action as soon as they have given you notice. 

If your landlord is evicting you because you have inherited the contract through succession and the home is larger than you need, then they cannot serve notice until 6 months after they found out about the death of the contract-holder. Once 12 months have passed, they cannot give notice using this ground. 

 If your landlord is evicting you because a joint contract-holder has left the contract and the home is larger than you need, they must serve notice within 6 months of the joint contract-holder leaving the contract. 

After giving you notice your landlord has 6 months to begin court action.

If you received notice before 1 December 2022, your landlord has a maximum of 12 months to begin court action, but can’t do so any later than 1 June 2023. 

 Always get help if you receive a notice. An adviser can check if the notice is correct and may be able to help you keep your home.

How the court makes a decision

Discretionary grounds

If your landlord is evicting you using a ‘ground’, the court can only decide to evict you if the landlord proves the ground and it is reasonable to evict you. If the ground is an estate management ground, then the landlord must also show the court that they are making suitable alternative accommodation available for you. For information about the different decisions the court can make, see here. 

Get help if you are facing eviction 

Get help now if you’re facing eviction. An adviser can check if the notice is correct and may be able to help you negotiate with your landlord or represent you in court. Have the papers you received from the court or your landlord with you when you speak to an adviser. 

If you are at risk of losing your home you should contact your local council to make a homelessness application. 

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This page was last updated on: August 22, 2023

Shelter Cymru acknowledges the support of Shelter in allowing us to adapt their content. The information contained on this site is updated and maintained by Shelter Cymru and only gives general guidance on the law in Wales. It should not be regarded or relied upon as a complete or authoritative statement of the law.