The law provides private tenants with legal rights. These rights vary depending on the living arrangement, the date that the tenant moved in and the contractual agreement between the landlord and tenant. If the tenancy is for a fixed period of time for example a 1 year (a 'fixed term' tenancy) you can only be evicted during the fixed term if the landlord has a reason to do so.

If the tenancy is for an indefinite period of time (a 'periodic' tenancy) the landlord can evict only by giving two months' notice at any time without needing a reason.

The landlord must give the tenant proper written notice then get a possession order from the court before the tenant can be asked to leave.

For those with Assured Shorthold Tenancy agreement, the landlord has greater control over the tenants and providing that the proper steps are followed by the landlord, once a notice is served, the tenant most likely will leave. Even where the tenant takes the landlord to court, the tenant will be responsible for paying the landlord's legal fees.

What notice am I entitled to?

The landlord is required to give the tenant a written notice that complies with the law. The written notice will depend on whether it is a fixed term or periodic tenant.

When can the landlord apply for a court order?

Once the landlord has served a correct notice and this has ended they can apply to the county court for a possession order.

Fixed term tenants

If you have a fixed term tenancy the landlord has to have a reason (or 'ground') to evict a tenant before the fixed term ends. The following are probable grounds for eviction:

• the tenant has rent arrears
• the tenant is consistently late with rent payment
• the tenant is found to be in breach of the tenancy agreement for example subletting a room when this is not allowed.
• the tenant is not maintaining the property to an acceptable standards
• the tenant is a nuisance tenant
• the landlords's mortgage lender is repossessing the property

Once there is a reason to evict the tenant, the landlord must provide a written notice. This must clearly state the 'ground' that the landlord is using. The notice has to be for a set length of time and must let the tenant know that the after that time ends the landlord can apply to the court for a possession order. The length of time on the notice depends on the landlord's reason for eviction. This can be either 14 days or two months wand will depend on the reason your landlord is using.

Notices remain valid for one year. This means that the landlord can start court action to evict at any time until exactly 12 months after the date the notice expires. If court action is not started within this time the landlord has to serve a new notice.

Periodic tenants

The end of a fixed term tenancy automatically marks the beginning of a periodic tenancy if a new fixed term agreement is not signed by both parties. With a periodic tenancy, the landlord is not required to provide a ground for eviction. However the notice must:

• be in writing
• be at least two months long (or the amount of time between rent payments, whichever is longer)
• end on the last day of a rental period

The landlord can give a notice like this at any time before the end of the fixed term but it cannot expire until the end of the fixed term. If the notice is served before the end of a fixed term, the period of the notice only has to be two calendar months, and doesn't have to end on the last day of a rental period).

A copy of a Notice to Quit is available from your local magistrate's court or can be downloaded at www.clickdocs.co.uk.

If you choose to take the legal route, check all your paperwork carefully as the slightest error can prompt the judge to throw the case out thereby delaying the eviction.

What happens after the court order?

After the court order, if the tenant is still yet to vacate the property, the landlord can ask the bailiffs to evict.

Could the eviction be illegal?

A bailiff's eviction without a court order is illegal. If the landlord tries to evict without getting a court order they are breaking the law. There are possible actions you can take to stop your landlord from doing this.

The Citizen's Advice Bureau can provide more information on matters relating to Tenancy Rights.