Protected tenancy eviction

Your landlord will usually only be able to evict you if there is a legal reason for evicting you. However, your landlord may also be able to evict you if it can be proven that it is reasonable to evict you.

Your landlord must give you at least 28 days' notice and get a court order before you must leave the accommodation. The amount of notice your landlord is required to give you depends on how long you've been living in the property and could be as much as 12 weeks.

The court must evict you
The court may evict you
Other circumstances when you can be evicted

The court must evict you

Your landlord can apply to court to evict you if you fall into one of the categories below. The court must give the landlord possession. You won't be able to argue that you should be allowed to stay in the accommodation.

The landlord previously lived in the accommodation

The court must give the landlord possession of the property if:

the landlord previously lived in the accommodation,
you were told at the start of the tenancy that the landlord would want to move back in.

The landlord planned to move in on retirement

The court must give the landlord possession of the property if the landlord can prove that you were told at the start of the tenancy that the landlord would move in on retirement. The court can only give possession if the landlord is actually retired.

The property is needed for a religious minister or missionary

The landlord must prove that the property was originally intended for a religious minister or missionary.

The property was intended for an agricultural employee

The landlord must prove that:

you were told at the start of the tenancy that the property might be needed for an agricultural employee,
you were not an agricultural employee of the landlord.

Your protected tenancy has ended

The court has to give the landlord possession if your protected tenancy has ended and:

your landlord gave you three months' notice before the tenancy ended,
your landlord has now given you 28 days' notice to leave the accommodation.

The landlord planned to move in upon leaving the armed forces

The court must give the landlord possession of the property if:

the landlord was a member of the armed forces when the tenancy started,
you were told at the start of the tenancy that the landlord might want to move in.

The landlord wants to recover an agricultural letting

The landlord can also recover an agricultural letting in certain circumstances. This is a complicated area of law. Get legal advice if your landlord is trying to evict you to recover an agricultural letting.

The court may evict you

Your landlord can apply to court to evict you if you fall into one of the categories below. You can argue in court that you shouldn't be evicted. The judge will decide who should get possession of the accommodation based on the circumstances of the case.

Non-payment of rent

The landlord may get possession if it can be proven that you haven't paid your rent, or that you have broken any other terms of the tenancy agreement.

Antisocial or immoral behaviour

The court may give your landlord possession if it finds that you, or anyone living with you, has been guilty of antisocial or immoral behaviour. For example:

excessive noise,
threats of violence,
actual violence.

Damage to the property

The court may give your landlord possession if you, or someone living with you, has deliberately damaged the property. You could be evicted even if the damage has been caused by a lodger or subtenant. You can also be evicted if you neglect the property and allow it to deteriorate.

Damage to furniture provided by the landlord

The court may give your landlord possession if you, or someone living with you, has deliberately damaged furniture provided by the landlord. You could be evicted even if the damage has been caused by a lodger or subtenant.

You have given the landlord notice that you are leaving

The court may give your landlord possession if:

you have told the landlord you are leaving,
the landlord has agreed a new contract,
the landlord needs the house to be empty.

You have sublet the entire property

The court may give your landlord possession if you sublet the whole of the property.

The property is tied to your job

The court may give your landlord possession if:

your tenancy is tied to your job,
your landlord needs the property for a new employee.

The landlord needs the house to live in

The court may give your landlord possession if the landlord or a close member or the landlord's family needs the property to live in. Close member of the family means:

son or daughter over 18,
father,
mother,
father in law and mother in law if you have a regulated tenancy.

You have sublet the property at an excessive rent

The court may give your landlord possession if it believes that you have sublet some of the property at an excessive rent. The court will decide if the rent is excessive.

The property is on agricultural land that the landlord wants to sell

The court may give your landlord possession if the property is on agricultural land that the landlord wishes to sell.

Other circumstances when you can be evicted

The court may also give possession to the landlord if it can be proven that:

it is reasonable to give possession,
suitable alternative accommodation is available.

The court will decide what is suitable alternative accommodation. The court will usually accept:

Housing Executive accommodation from the date the landlord takes possession,
Housing association accommodation from the date the landlord takes possession.

The court may also accept alternative private rented accommodation if the tenant can move into another protected tenancy. The new accommodation must be suitable for your needs.

The law about eviction from a protected tenancy is complicated. Contact a local advice agency if your landlord is trying to evict you from your protected tenancy.