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Types of tenancy

Periodic tenancy

With this type of tenancy, your landlord can evict you legally at any time without giving any reason as long as he/she follows the correct procedure.

First, your landlord must serve you with a notice to quit, which must be in writing and must give you at least four weeks notice.

If you do not leave by the end of the four week period, your landlord cannot throw you out immediately but must first go to court for an eviction order. However, if you have no legal reasons for staying in your accommodation, you could end up paying your landlord's legal costs, which might be very expensive. As long as the correct procedure has been followed, the court has no discretion over whether to grant your landlord an eviction order. So, for example, the fact that you have nowhere else to go cannot stop the court granting your landlord an eviction order.

If your landlord is going to take you to court, you should get advice about your situation from Threshold, a Citizens Information Centre or a solicitor.

A Lease

During the period of the lease, you can normally only be evicted if you have broken a condition of the lease. If you have done this (for example, you haven't paid the rent) the landlord may be able to evict you if he/she follows the correct procedure.

Your landlord must first serve you with a notice to quit, which must be in writing and must give you at least four weeks notice.

The landlord can generally only get an eviction order if the court decides that you have broken a condition of the lease.

If your landlord is going to take you to court, you should get advice about your situation from Threshold, a Citizens Information Centre or a solicitor.

At the end of the lease, your landlord can evict you legally without giving any reason, again as long as the correct procedure is followed. The landlord doesn't have to serve you with a notice to quit since legally the tenancy comes to an end at the end of the lease. If you do not leave by the end of the four week period, your landlord cannot throw you out immediately but must first go to court for an eviction order. However, if you have no legal reasons for staying in your accommodation, you could end up paying your landlord's legal costs, which might be very expensive. As long as the correct procedure has been followed, the court has no discretion over whether to grant your landlord an eviction order. So, for example, the fact that you have nowhere else to go cannot stop the court granting your landlord an eviction order.

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