Evictions

Notices for different tenancies

Try to find out what tenancy agreement you have and what section you are been given:

 

Assured Shorthold Tenancy (AST)

• Section 21 notice:
  • Your landlord can evict you without a reason
    • They must give you at least 2 months' notice.
• Section 8 notice:
  • Your landlord must give a specific reason, such as unpaid rent.
    • The notice period can vary.

Assured Tenancy

• Notice to quit:
  • Your landlord must give a valid reason
    • As well as a proper notice period.

Excluded Tenancy or License (Lodgers)

• Reasonable notice:
  • Usually the same as the rent payment period.
  • E.g., weekly notice for weekly rent.

Why am I being evicted?

This is usually because the council or housing authority believes or has reason to believe you have broken tenancy agreement because of:

• Not paying rent on time or at all
• Damaging the home or property on purpose.
• Anti-social behaviour like:
  • Being very noisy.
  • Threatening or harming others.
  • Doing illegal activities in the property.
• Subletting without permission.
  • This means renting out your home to someone else without asking.
• Living somewhere else.
• Gave false information when applying for the home

What about evictions from housing associations?

• Most housing associations offer 'assured tenancies' where no-fault evictions like Section 21 is not legal.
• But some do offer assured shorthold tenancies, which means they can use Section 21.
• With housing associations, it is likely that a Section 21 would only be served with a 'starter tenancy', which lasts 12 months.
  • This is usually also because of a breach of the tenancy agreement like owing rent or damaging property.

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Stages of eviction

These are the steps that the council or housing association will usually take to evict you:

 

Written notice

• They must provide a written notice.
• This will state their reasons for gaining possession of the property.
• You will usually be given 4 weeks' notice.
• This can be longer depending on the situation.

Court action

• The council will need to get a court order if you don't leave when they ask.
• You will receive a letter about the court date.

Court hearing

• Attend the court hearing.
• You can explain your situation to the judge.
• The judge will decide if you can stay or if you need to leave.

Eviction date

• If the court grants an eviction order, you will be given a date to leave.
• Bailiffs may come to remove you if you do not leave by this date.

Here are the types of evictions you can be served on public land

Section 61 of the Criminal Justice and Public Order Act 1994

What does it mean and what you have to do:

• You are causing damage.
• You are being threatening or abusive.
• There are 6 or more vehicles on the land.
• Police can tell you to leave immediately.
  • Or give a short period to leave.
• If you do not leave, you can be arrested.
  • Your vehicles can also be taken away.

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Section 62A of the Criminal Justice and Public Order Act 1994

What does it mean and what you have to do:

• There is one or more people.
• With at least one vehicle with the purpose to reside.
• If there is a suitable alternative site police can direct you to move there.
• You must move to the alternative site straight away or leave the district.
• You could be fined arrested and or vehicles could be taken away.

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Section 60C of the Criminal Justice and Public Order Act 1994

What does it mean and what you have to do:

• There is one person and vehicle.
• With intent to reside.
• Causing or likely to cause significant damage or distress.
• You will need to leave as soon as is practicably possible.
• Do not return within 12 months of notice
• You could be imprisoned up to 3 months.
• Your vehicle could be impounded and/or you could get a £2,500 fine.

This is a part of the 2022 Police, Crime, Sentencing and Courts Act.

• This has given the police more powers to move people living on land without consent.
• It has made unauthorised encampments and 'trespassing' a criminal rather than civil offence.
• This is if you do not move off the land after being asked to leave
• A notice can be given orally or in writing and you will need to leave by the deadline.
• It can be given by the police or the owner of the land.
• If you don't levae the police can arrest you and impound your vehicle.
• They will not need a notice from court, but it will have to confirmed by a court.

See our article on the lawfulness of the new Police Act.

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Section 77 of the Criminal Justice and Public Order Act 1994

What does it mean and what you have to do:

• There is one person and vehicle.
• With intent to reside.
• The local council can ask you to leave if you are on land without permission.
• The council must give you a written notice to leave.
• If you do not leave, the council can go to court to get an order to move you.

Health and welfare check

• The council must perform a health and welfare check:
  • To check if you have any health needs that are stopping you from leaving.
• They may put a letter on your vehicle asking you to ring the council to let them know.
  • They may not come and visit you.

Negotiation

• You may be able to negotiate with the council to have more time if:
  • Your vehicle is broken down.
  • You or someone else is very ill or physically cannot move.

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Section 78 of the Criminal Justice and Public Order Act 1994

Magistrates court notice

• Will receive a court notice if you fail to leave as soon as practical
  • Or return within 3 months of notice.
• You will get a court date
  • You can defend yourself.
  • You could argue that the council did not perform a health and welfare check.
  • You can also leave the land and not attend the hearing.
• Up to £1000 fine if unsuccessful in court or fail to leave.

What can happen if you don't have planning permission

• Enforcement action
  • Without planning permission:
  • The Local Planning Authority can take action against you.
  • Even if you own the land.
• Legal consequences
  • If you don't respond to an injunction:
  • You could be taken to court.
• Planning permission
  • You need approval from the council to use land for a site.
  • You need a site licence to legally run a caravan site.
• How to apply
  • See here for how to apply for planning permission.

Try not to panic

• Stay calm and assess the situation.
• Read the eviction notice carefully
• Understand why you are being evicted.
• Check what the deadlines are.
• Ask why you are being evicted
  • And if there is anything you can do to stay.
  • Landlords may give you more time.

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Find out about the land

What type of land is it?

• Private land.
• Public land.
• Highway.

Who owns the land and who is evicting you?

• A private landowner.
• The local authority.
• The police.
• A planning authority.

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Find out which laws are being used

Private land:

• Section 21.
• Section 8.

Public land:

• Section 61.
• Section 62A.
• Section 60C.
• Section 77.
• Section 78.

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Get advice

• Contact a housing advice service.
  • Such as Shelter, Citizens Advice Bureau.
  • Or a legal aid organization to understand your rights.
• Contact a solicitor.
  • We have a list of solicitors.
  • Some are experienced with site issues and evictions.
• If you think your eviction is illegal:
  • You can get legal help to challenge it.
• Don't wait too long.
  • There might not be any more time to help.

Community Law Partnership

• Service: Parminder Sanghera offers advice to Gypsies and Travellers.
• Phone: 0121 685 8595.

Shelter

• Phone: 0808 800 4444.
• Webchat: https://england.shelter.org.uk/get_help/webchat.

• • Open Monday to Friday.
  • 8.00am to 6.00pm.
  • Closed Bank Holidays.

Renters

Section 21 Housing Act 1988

• Used to evict tenants with an assured shorthold tenancy (AST) only.
  • This includes most private renters, but also some Housing Association tenants.
• It allows a landlord ask a tenant to leave their rented home without giving a reason.
• The landlord must give a written notice (called a “Section 21 notice”).
• The notice must be valid but does not have to be served by a court.
• At least 2 months’ notice is required.
• It can only be used after the fixed term of the tenancy has ended.
• If the tenant doesn’t leave, the landlord must apply to the court to evict.
  • A possession order may then be served by the court.
  • If the tenant still does not leave, bailiffs can enforce the eviction.
  • See Citizens Advice for advice on bailiffs and your rights.
• Section 21 evictions are soon to be scrapped.
  • See 'Changes to the law' below for information on the upcoming changes.

Section 8 Housing Act 1988

• This allows a landlord to ask a tenant to leave because of a specific reason.
• Reasons include:
  • Rent arrears (tenant owes rent).
  • Damage to the property.
  • Anti-social behaviour or nuisance.
  • Breach of tenancy agreement.
  • Landlord needs the property back for special reasons (e.g. moving in themselves, mortgage lender repossession).
• The landlord must give a written notice (called a “Section 8 notice”).
•  The notice period depends on the reason (sometimes 2 weeks, sometimes 2 months).
• If the tenant doesn’t leave, the landlord must apply to the court.
• The court will look at the reason(s) and decide if the landlord can take the property back.
• Some grounds are guaranteed (Ground 8)
  • For rent arrears, there must be at least two missed months of rent.
• Some are non-guaranteed and will need to be decided on by a judge (Ground 11)
  • Tenant might always be paying rent late for example.

'Unauthorised encampments'

Part 55 Civil Procedure Rules 1998

• Court process when a landowner (like a council) wants to evict people from land.
• It covers homes, rented properties, and open land.
• If the landowner is a local authority, welfare checks must be taken before the eviction.
• The council can then apply to the court for a possession order.
• They must file papers explaining why they want possession.
• People on the land (defendants) must be given written notice.
• Normally at least 2 clear days’ notice before the court hearing (longer in some cases).
• The notice must be personally delivered or clearly displayed on the site
• You can attend court and explain your situation (e.g. health, children’s education, no available sites).
  • Legal aid may be available for advice and representation.
• The court will consider human rights (like the right to family and private life).
• If the court grants possession, it sets a date for the defendants to leave.
  • This may be immediate or after a short period.
• If the defendants do not leave, the council must ask the court bailiffs to carry out the eviction.

Section 61 of the Criminal Justice and Public Order Act 1994

• This law gives the police the power to direct 'trespassers' to leave land in certain situations.
• It applies to any land (public or private) where people are staying without the owner’s consent.
• The landowner or occupier has asked them to leave, and either:
  • They have damaged the land or property, or
  • They have used threatening, abusive, or insulting behaviour towards the landowner/others, or
  • There are 6 or more vehicles on the land.
• Police can order the group to leave the land and take their vehicles with them.
• Police do not need a court order to act under Section 61.
• If they do not go, or if they return within 3 months, they may be:
  • Arrested,
  • Their vehicles may be seized,
  • They may be charged with a criminal offence.
• Eviction can happen very quickly (sometimes the same day).

Section 62A of the Criminal Justice and Public Order Act 1994

• Used by police when people are on land without the owner’s consent, and
  • There are three or more vehicles (not six like Section 61), and
  • The police reasonably believe the group may:
    • Cause damage to the land or property, or
    • Disrupt the local community, or
    • Use threatening, abusive, or insulting behaviour.
• Police can order the group to leave the land immediately.
• They can remove vehicles if the group refuses.
• If people return within 3 months, it may be a criminal offence.
• Section 62A is similar to Section 61, but it applies to smaller groups (3+ vehicles instead of 6+).

Section 60C of the Criminal Justice and Public Order Act 1994

• Introduced by the Police, Crime, Sentencing and Courts Act 2022.
• Section 60C creates a new criminal offence.
• It applies when someone is
  • Residing (living) or intending to reside on land without the owner’s consent
  • In or with a vehicle.
  • Their presence or behaviour causes or is likely to cause:
    • Significant damage to the land or property.
    • Disruption to the local community.
    • Distress to people in the area.
• Police can order the person to leave the land or seize and remove the vehicle(s).
• Failure to comply without a reasonable excuse can lead to:
  • Arrest.
  • Imprisonment (up to 3 months).
  • A fine (up to £2,500).
  • Seizure of the vehicle.
• It is a criminal offence, not just a civil matter.
• The police have discretion to use this power based on the situation.

Sections 77 and 78 of the Criminal Justice and Public Order Act 1994

• Section 77 can be be used when:
  • Individuals are residing or intending to reside on land without the owner's consent.
  • The land is either:
    • Highway land (e.g., roadsides),
    • Unoccupied land, or
    • Occupied land (e.g., private property).
• The local authority can:
  • Direct individuals to leave the land.
  • Remove their vehicles and belongings from the land.
• Section 78 allows local authorities to seek a court order.
• This happens when someone does not comply with the Section 77.
• You can attend court to defend yourself.
• But you may get up to a £1000 fine if unsuccessful in court or fail to leave.
• The court may order to remove individuals and their vehicles.

Future changes to the law

The Renters' Rights Bill

• This is a new law that will take effect from 1st Mary 2026.
• It is designed to give renters more protection and fairness.
• Most of it applies only to England.
• It will involve getting rid of Section 21 evictions.
• This means your landlord cannot evict you for no reason.
• Landlords can evict for reasons under Section 8 above.
• The landlord can also evict if
  • They (or close family member) wishes to move into the property to use it as their principal home.
  • But the tenant is protected for a 12-month period from this ground.
  • The landlord must also give 4 months notice before they start court proceedings.
• Landlords and letting agents must publish an asking rent and cannot encourage bids over that price.
• They will be limited to asking for one month’s rent in advance (plus deposit) when you move in.
• Tenants must give the landlord at least 2-months notice if they wish to end their tenancy.

For further information on eviction laws see Shelter.