Is your eviction legal?
If your landlord asks you to leave, there are eviction rules your landlord must follow. For example, they are not allowed to threaten you or make you feel unsafe.
Your tenancy
The type of tenancy you have will affect how you can be legally evicted.
Your tenancy agreement should tell you the type of tenancy you have. You can also use Shelter’s tenancy checker.
Common tenancy types include:
- assured shorthold tenancy
- assured tenancy
- lodger agreements
Assured shorthold tenancy (AST)
An AST is usually a rental agreement with a private landlord. Also, the landlord does not live in the property.
Your landlord must ‘serve you notice’ if they want you to leave. For example, you could get a Section 21 notice where they do not need to give you a reason for evicting you. You could also get a Section 8 notice which gives a reason for your eviction. If you owe rent or you have damaged the property, you could get a Section 8 eviction notice.
Your landlord will have to go to court to evict you.
You must not leave the home until you get advice about your eviction. You can start by checking your eviction is legal, and your landlord’s notice is valid (Shelter).
Assured tenancy (AT), secure tenancies, and social housing
Is your landlord a housing association or local authority? Then you probably have an assured tenancy or a secure tenancy. To evict you, they usually serve a ‘notice seeking possession’ and go to court.
Lodgers and other excluded licences or tenancies
Do you live in the same home as your landlord and share a kitchen, bathroom or living room with them? Then you are probably a lodger.
As a lodger, your landlord does not have to take you to court to evict you. However, it is illegal for your landlord to use force to evict you.
Your landlord should give you ‘reasonable notice’ to find another home. For example, if you pay your rent every month, you could get one month's notice. Shelter has advice on being evicted if you are a lodger or other excluded occupant.
Could you move to another home?
There are several ways you could move to another home. For example, you could:
Illegal eviction and harassment
It is illegal for your landlord to harass or intimidate you to make you move out of your home. If this is happening to you, it is a crime.
For advice, you can contact:
- our private rented sector housing team by emailing prsh@enfield.gov.uk
- our Housing Advisory Service
- Citizens Advice Enfield
You can also read My landlord wants me out (GOV.UK). This guide explains how you are protected from illegal eviction and harassment.
Are you homeless or at risk of homelessness?
You must get help as soon as you think you might become homeless. It is very important that you try to avoid becoming homeless.
Getting homelessness help from us
If we confirm that you are eligible for homelessness help from us, you must tell us about any court action by your landlord as quickly as possible.
If you are evicted, try to find somewhere to live while you get help. This will give you more control over your housing.
How to contact our Housing Advisory Service
Our phone lines are very busy. For advice, please email housingadviceservice@enfield.gov.uk with:
- your full name
- your current address and phone number
- a description of the help you need
Are you currently homeless and you need immediate help? You can phone 020 3821 1769 (Monday to Friday, 9am to 5pm) or 020 8379 1000 out of hours.