Eviction: supported accommodation licences and 'common law' tenancies
- If you live in supported accommodation you can usually be evicted easily
- If you have a licence your landlord can probably evict you without a court order
- Getting help at an early stage can help you keep your home
If you live in supported accommodation you probably don’t have strong protection against eviction. Whether your landlord needs to get a court order to evict you depends on whether you have a licence, a ‘common law tenancy’ or a supported standard contract. You can find out what kind of renting agreement you have by reading our advice about living in supported accommodation here.
For information about eviction of supported standard contract-holders, see here.
Eviction from supported accommodation if you have a licence
If you have a licence you are classed as an excluded occupier. Your landlord will not need a court order to evict you but must give you ‘reasonable notice’.
Once the notice period has ended, your landlord has the right to change the locks while you are out but may commit a criminal offence if physical violence is used or threatened during the eviction. See our pages on harassment and illegal eviction.
Even though it is not necessary it is good practice for landlords to get a possession order from the court to evict excluded occupiers. The court has no choice but to make a possession order as long as reasonable notice has been given.
Eviction from supported accommodation if you have a common law tenancy
If you have a common law tenancy you are classed as an occupier with basic protection. You can be evicted quite easily providing your landlord gives a valid ‘notice to quit’ and gets a court order.
If you have a fixed term tenancy 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.
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.
Click here for advice on what to expect at court.