Eviction: converted fixed term standard contracts
- Fixed term standard contracts that started before 1 December 2022 have slightly different eviction rules
- You might only be entitled to 2 months’ notice if you had a fixed term assured shorthold tenancy before 1 December 2022
- Getting help at an early stage can help you keep your home
If you are a converted fixed term standard contract-holder your landlord can only evict you during the fixed term if there is a good reason. Your landlord must follow the correct procedure and get a court order to evict you.
In some situations, there are different rules about eviction. For example, if you live in your home as part of your job, your landlord may be able to give less notice. Find out more here.
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 private 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
Your landlord must apply to court to get a possession order to evict you. They can only do this after the date stated in the notice.
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: ‘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 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.
Grounds for eviction: ‘absolute grounds’
Your landlord may be able to end your converted fixed term 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 (under a landlord’s break clause)
- ‘no fault’ eviction (end of fixed term ‘section 186’ notice)
- serious rent arrears of 2 months or more (‘section 181’ notice).
Restrictions on using the ‘no fault’ notice procedure
Your landlord cannot use a ‘no fault’ notice (including a landlord’s break clause and section 186) to evict you if any of the following applies:
- your landlord is not registered with Rent Smart Wales, or hasn’t obtained a licence or appointed a licensed agent. You can check the Rent Smart Wales public register to see if your landlord or agent is registered and licensed.
- your landlord has not protected your deposit with a tenancy deposit scheme or did not give you certain prescribed information within 30 days.
- your landlord or agent has charged a banned letting fee and has not repaid it to you, or has failed to give back a returnable holding fee
- you’ve not received a written contract by 31 May 2023 (if your landlord gives an eviction notice after this date). Your landlord can’t give you a ‘no fault’ notice until 6 months after providing the written contract
- you’ve not been given a valid energy performance certificate (EPC)
- your landlord hasn’t provided working smoke alarms and (where needed) carbon monoxide alarms in your home
- your landlord hasn’t provided a current electrical installation condition report (EICR)
- your landlord hasn’t provided a current gas safety report
- a previous possession claim was thrown out by the court less than 6 months ago as it was a retaliatory eviction. This means that the landlord was trying to evict you to avoid doing repairs or making the property fit to live in.
If you have received a ‘no fault’ notice and any of the above apply, then get help.
I received a ‘no fault’ section 21 notice before 1 December 2022
If you received a ‘section 21’ notice before 1 December 2022 and your landlord hasn’t complied with 1, 2 and 3 (above), that notice is probably not valid. All of the remaining restrictions listed above do not apply to ‘section 21’ notices that were given before 1 December 2022.
Get help if you are in this situation.
How much notice will I get?
‘No fault’ notice (landlord’s break clause)
If your landlord is evicting you using a ‘no fault’ (landlord’s break clause) notice you should get 2 months’ notice.
Court action can only begin after the notice period has ended.
If you received a ‘section 21’ notice on or after 1 October 2022 court action must be started within 2 months of the notice period ending.
If you received a ‘section 21’ notice at any time before 1 October 2022 your landlord must begin court action before 1 February 2023.
Your landlord can’t give you a ‘no fault’ notice under a break clause before 1 December 2022 unless you moved in at least 4 months before the notice was is given.
If your landlord does not give you a written contract by 1 June 2023 they can’t give you a ‘no fault’ (landlord’s break clause) notice until 6 months after they provide the written contract
When your fixed term ends, your contract becomes a periodic standard contract. When this happens your landlord will need to give you 6 months’ notice using a ‘no fault’ section 173 notice if they want to evict you.
End of the fixed term (section 186)
Your landlord can give you a ‘no fault’ section 186 notice during the fixed term. This notice must give at least 2 months before court action can begin.
A section 186 notice can’t expire until the fixed term has ended.
Your landlord can’t give you a ‘no fault’ section 186 notice asking you to leave on a date less than 6 months after you moved in
Serious rent arrears
If your landlord is evicting you because of serious rent arrears your landlord can begin court action after 2 weeks’ notice.
After giving you notice your landlord has 6 months to begin court action
If you received a ‘section 8’ 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.
How the court makes a decision
Landlord’s break clause or section 186
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 procedure. Depending on the circumstances, the court may then decide a hearing is appropriate.
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.
If your landlord has given notice under a landlord’s break clause and you think they are evicting you rather than carrying out repairs or ensuring your home is fit to live in, then you should inform the court in your defence form. The court may decide it is not reasonable to allow your landlord to evict you. This is known as retaliatory eviction. You will probably get a hearing if this is the case.
Your landlord can’t give you a ‘no fault’ notice under a break clause for 6 months following the court’s decision to dismiss a retaliatory eviction.
The rules about retaliatory eviction do not apply if you were given a section 186 notice.
Serious rent arrears
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. 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.
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.
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.
