Illegal Eviction
This occurs when a landlord, or any person acting for them, forces or attempts to force a tenant from their home without following the proper legal procedures.
Examples include:
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changing the locks to a property when a tenant is not at home
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physically throwing a tenant out
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stopping a tenant from getting into part or all of their home.
If a landlord wants a tenant to leave,
If a landlord wants a tenant to leave, they must provide a 'notice to quit', even if there is no tenancy agreement. The following time scales for notices to quit apply regardless of what the tenancy agreement states:
- Tenancy not been in existence for more than 12 months’
Notice to quit: No less than 4 weeks' written notice
- Tenancy has been in existence for more than 12 months but not more than 10 years
Notice to quit: No less than 8 weeks' written notice
- Tenancy has been in existence for more than 10 years
Notice to quit: No less than 12 weeks' written notice
Should a tenant need to end the tenancy
Should a tenant need to end the tenancy, depending on the length of the tenancy they must give their landlord a minimum notice to quit period. These notice periods are:
- Tenancy not been in existence for more than 10 years
Notice to quit: No less than 4 weeks' written notice
- Tenancy has been in existence for more than 10 years
Notice to quit: No less than 12 weeks' written notice
The notice to quit should be in writing and both the landlord and tenant should keep a copy. If the tenant does not leave after the notice has run out, the landlord can apply for a court order from a magistrates' court. However, it is an offence to evict a tenant without getting a court order, even if the notice to quit has expired.
Landlords do not need a court order to evict licensees, who share part or all of a property (usually with the landlord). Licensees are only entitled to 'reasonable' notice before they must leave the property.