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.

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 lawfully evict an occupier with basic protection, your landlord must follow 3 steps. Find out more about each step below.

A landlord does not have to prove any reason (or ‘ground’) to obtain a possession order against an occupier with basic protection.

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1. Notice

The first step your landlord usually has to take is to write to you to ask you to leave. Most occupiers are entitled to a written notice but 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.

2. Court

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.

3. Bailiff

If you haven’t left by the date the court says you have to your landlord can arrange for a bailiff to evict you.

You will receive a letter from the court saying when the bailiffs will arrive. Bailiffs can physically remove you and your belongings from the property but must not use violence or unreasonable force in doing so.

Nobody other than a bailiff acting for the county court is allowed to physically remove you from the accommodation. If anyone else attempts to do this they are probably guilty of illegal eviction, which is a serious offence. Contact Shelter Cymru for advice if this happens to you.

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 08000 495 495.

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 08000 495 495.

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This page was last updated on: July 1, 2021

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.