If you get an eviction notice
Your council or housing association will send you a notice if they want to evict you. This is called a ‘notice to take possession’. You won’t have to leave your home straight away.
If you’re still there on the date they want you to leave, your landlord will usually have to go to court to start the eviction process. There are lots of steps they must follow before they can evict you.
If you don't leave your home and your landlord takes you to court, you might have to pay their court costs as well as court fees. This can be expensive.
If you got an eviction notice before 1 December 2022
Check if your notice is valid
Your landlord must send you the correct notice - the rules depend on the type of your contract.
You should also check if your notice has any other mistakes on it - like the wrong address or name.
Talk to an adviser if you're not sure what contract you have or if you need help checking your notice.
If you have a secure contract
Your landlord can only evict you if they either:
- think you broke your contract - for example if you’ve stopped paying rent
- need to move you to a different property - for example if the building’s being demolished
Your landlord must give you notice in writing.
- say why your landlord wants you to leave - the reason they’re using to evict you and why
- say the date after which they can start the court process - they must give you the right amount of notice, depending on when they send you the notice to take possession
- be written on the correct form - check the form on GOV.UK
Your landlord usually has to give you 1 month’s notice.
If your landlord doesn’t take you to court within 6 months, your eviction notice will no longer be valid.
If you’re being evicted for anti-social behaviour
Your landlord might be able to start the court process immediately. Talk to an adviser for help if you’re being evicted for anti-social behaviour.
If you have an introductory or prohibited conduct contract
Your landlord must give you notice in writing using form RHW18. You can find an example of form RHW18 on the Welsh government website .
Your landlord must tell you:
- why they’re asking you to leave
- the date after which they can start the court process - they must give you the right amount of notice, depending on when they send you the notice to take possession
- that you can ask for a review and the deadline for asking for a review
- that they will ask the court to issue a ‘possession order’ which asks you to leave your home - find out more about possession orders
- that you can get help from Citizens Advice, a housing aid centre, law centre or solicitor
How much notice your landlord has to give you
How much notice you get depends on:
- whether you have an introductory or a prohibited conduct contract - check your written statement to see what type of contract you have
- why you’re being evicted - you can check the reason you’re being evicted on your eviction notice
Your written statement sets out your rights and responsibilities - and those of your landlord.
If you don’t have a written statement, ask your landlord for one. They usually have to give you a written statement within 14 days of when you move in.
If your tenancy started before 1 December 2022, your landlord has to give you a written statement by 1 June 2023.
If you’re not sure what type of contract you have, talk to an adviser.
Your landlord usually has to give you 2 months’ notice. You’ll have 1 month’s notice if:
- you’re in serious rent arrears - this is if you owe at least 8 weeks’ rent
- your landlord thinks you broke your contract - for example if you’ve damaged the property
- your landlord needs to move you to a different property - for example if the building’s being demolished
If you have an introductory contract
Your landlord can’t give you an eviction notice in your first 4 months of living in the property.
If your notice isn't valid
Your landlord will usually have to give you a new, valid notice if they still want you to leave your home. This will mean you have more time in your home.
If you’re being evicted for a specific reason, it’s worth using the extra time to sort out the problem.
Your landlord will have to start the court process if you haven’t left your home by the date on your notice. You’ll get court papers and a defence form which you can use to challenge the eviction. Explain why the notice isn’t valid. Get help filling in the defence form.
Sometimes the court might go ahead with the case even if the notice isn’t valid. This depends on the type of your contract. If you think the notice isn’t valid you should talk to an adviser for help.
If your notice is valid
Your landlord can’t usually make you leave your home until they’ve gone to court to get a possession order and a warrant for eviction. It’s important that you keep paying your rent.
If they’ve applied to the court for ‘accelerated possession’, there won’t usually be a court hearing - unless you challenge the eviction.
You’ll get court papers when your landlord applies to court. You can challenge your landlord’s eviction claim when you get the court papers.
If it goes to court, the court could also order you to pay your landlord's court fees if you're evicted - these can be expensive.
If you decide to leave your home before the date on your notice
Don’t leave your home before the date on your notice if you haven’t found somewhere else to live.
If you leave your home before the court makes a possession order, it might affect what help your local council can offer you. Find out more about possession orders.
Your council might have a legal duty to help find you accommodation. You can get help if you're being evicted.