Housing law is very complex and subject to change as the Courts interpret legislation. It is therefore essential to get information on your rights if you feel the landlord may want you to leave accommodation.

Generally,

• If you took on a tenancy after 28th February 1997, you will probably be an Assured Shorthold Tenant
• If you took on a tenancy between 15th January 1989 and 27th February 1997, you will either be an Assured or an Assured Shorthold Tenant
• If you took on a tenancy before 15th January 1989, you are likely to be a Regulated tenant.

Assured shorthold tenancies

Assured Shorthold tenancies are the most common form of private sector tenure. The reason for this is because a landlord can charge a market rent for the property and the tenant has little protection from eviction.

If you have an Assured Shorthold tenancy, the landlord must serve you with at least two months notice in writing. There are some minor rules concerning the notice, but it need not be in any proper, legal form. Often landlords give tenants 8 weeks notice. This would not be valid as the requirement is for at least two calendar months notice to be served.

Once the notice expires, the landlord must apply to the Court for a possession order. The landlord cannot evict the tenant without a possession order. If a landlord applies to the Court, s/he must only prove:

• that the tenancy is an Assured Shorthold tenancy
• that proper notice has been served
• that the notice has come to the attention of the tenant

If the landlord can prove these facts, the Court MUST order the tenant to leave the property. If the tenant is ordered to leave, s/he will normally have to pay the landlord's Court and solicitors costs, if applicable.

Assured tenancies

Assured tenancies are rarely created these days as the law states a new tenancy will be an Assured Shorthold tenancy unless the parties agree otherwise. If a landlord offered a tenant an Assured tenancy, the tenant would be advised to take it immediately because an Assured tenant has considerable security and some control over the rent that can be charged.

If you have an Assured tenancy, your landlord can only evict you if he has served you with a Notice of Seeking Possession in the prescribed form and that he can prove one of the "grounds" for possession listed in the Housing Act 1988.

Therefore, if the landlord wants the tenant to leave, he has to prove to the Court that he is entitled to possession. Some of the grounds are mandatory (this means if it is proven, the Court must order the tenant to leave) and some are discretionary (this means that even if the landlord can prove the ground, the Court does not have to order the tenant to leave).

If you have an Assured tenancy and the landlord wants you to leave under any circumstances, please seek advice immediately.

Regulated tenancies

Regulated tenancies are even more scarce because no new regulated tenancies could be created after 15th January 1989. A Regulated tenant has the maximum protection in the private sector and also has the right to a fair rent.

If a landlord wants a Regulated tenant to leave, s/he must serve a Notice to Quit in the prescribed form as described above for a licence agreement. Once the notice expires, the landlord must apply to the Court and must prove a "case" for possession under the Rent Act 1977. Again, the Court has the discretion not to order the tenant to leave the property.

Unprotected tenancies

Some tenancies are unprotected in the sense that they are not regulated by any Housing or Rent Act. The most common form of unprotected tenancy is where the tenant who lives in the same house as the landlord but does not share living accommodation. For example, a house may be converted into two or more flats and the landlord lives in one of them and has his own kitchen, bathroom and WC.

In this situation, the landlord must serve Notice to Quit and bring Court proceedings.

Protection from eviction act 1977 (as amended)

Under the terms of this Act, it is a criminal offence for a landlord, agent or any person to:

• Evict a non-excluded tenant or licencee without a Court Order
• Harass an occupier out of the accommodation

If you have experienced these problems with your landlord or property agent, you can contact Environmental Health for further advice and assistance on 01255 686744. You should also seek your own legal advice from a solicitor as you may be entitled to compensation and you can get a Court Order to stop harassment or to allow you back into your lawful home. You may be entitled to Legal Aid through Community Legal Advice. If you consult a solicitor, you may want to check if they have a "franchise" for carrying out housing related work.