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I Have Been Asked to Leave

My landlord has asked me to leave, do I have to?

Landlord and tenant law can be complex, and the information contained in this page will provide you with the legal position, However, we would recommend that you contact the Housing Advice Team for advice if you are at risk of losing your accommodation.

As a tenant you are more than likely an Assured Shorthold Tenant. As such the landlord should issue you with a 2 month written notice. If the landlord has not provided you with written notice or has given less than 2 months notice, then you do not have to leave the accommodation. You may want to contact the Housing Advice Team for advice.

My Landlord wants me to leave when I'm still in my tenancy period?

The landlord can only seek possession during the fixed term (The fixed term is the period outlined in the tenancy agreement - normally 6 months) of the tenancy by serving a written notice (section 8 notice). The notice must quote the reason (the grounds for possession) why they are requesting the property back, and it has to be one of the reasons listed at the Shelter website.

Please Note: It is for the court to decide whether one or more of the grounds for possession apply, If you have been served with a Section 8 Notice you should contact the Housing Advice Team or Worcester Housing & Benefit Advice Centre (WHABAC) immediately.  

My landlord wants me to leave when my tenancy period is up?

The landlord must give you at least 2 months written notice that they require possession of the property. The landlord can issue you with a notice at any period during the fixed term period (The fixed term is the period outlined in the tenancy agreement normally 6 months) of your tenancy but it must expire after the end of the tenancy period.  If you have been served with notice and you are unlikely to find accommodation before the end of the notice you should contact the Housing Advice Team as soon as possible.

My tenancy period is up and my landlord has requested I leave?

At the end of the tenancy period you do not have to leave unless the landlord has served you with a 2 months written notice (Section 21 Notice). Your tenancy automatically carries on and you do not require another written tenancy agreement, once the fixed term period ends. It is then known as a contractual period or statutory periodic tenancy, which basically means it is a month to month rolling contract. If you have questions about a notice been served then please contact the Housing Advice Team or visit the Shelter website.

My Landlord has verbally requested I leave, do I have to?

Your landlord has to provide you with a written 2 month notice, and if the landlord has not provided you with this then you do not have to leave the property. Please contact the Housing Advice Team if you require further advice or visit the Shelter website.

Do I have to move out when the 2 month notice expires?

You should leave the property if the landlord has given you at least 2 month's notice that he or she requires possession. However, the landlord cannot evict you without a possession order from the court. The landlord can apply to the court to start possession proceedings as soon as the 2 month notice period has expired. If you have been served with notice and you are unlikely to find accommodation before the end of the notice you should contact the Housing Advice Team as soon as possible.

Please Note: You could incur court costs if you stay over the 2 month notice period and the landlord has to go to court for a possession order.

Do I have to leave when the landlord has a possession order from the court?

You should leave the property on the date specified in the court order. If you do not leave, the landlord must apply for a warrant for eviction from the court. The court will arrange for bailiffs to evict you. If you have been served with and possession order and you haven't left the property you should contact the Housing Advice Team as soon as possible.

Please Note: You could incur court costs if you stay over the 2 month notice period and the landlord has to go to court for a possession order. You could incur further cost if the landlord has to then go to court for a warrant for eviction.

Do I have to leave if the landlord's mortgage lender is seeking repossession?

Repossession by a landlord's mortgage lender occurs because the person you are renting from has not kept up with repayments on the property. You will need to act quickly if you want to delay the eviction and you should contact the Housing Advice Team as soon as possible , for further information visit the Shelter website. 

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