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Homeowners and tenants only have to leave if a court tells them to. If you're staying with friends or family you have fewer rights. Every situation is different so you should get advice as soon as possible.
I am staying with friends or relatives
If you're staying with friends or family you will probably have to leave unless you can persuade the person to let you stay longer. You could try using mediation to reach an agreement with the people you're staying with.
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I own my accommodation
If you own your accommodation, your lender must apply for a court order before repossessing your home. You will usually only be evicted if you don't pay your mortgage or any secured loans. If you're in mortgage arrears , get advice before your lender takes action.
If your lender has already applied to the court it may still be possible to stop or delay the repossession. You should get advice as soon as possible.
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I rent my accommodation
If you rent your accommodation your rights depend on your personal circumstances. Most people who rent are tenants. Tenants are entitled to protection from illegal eviction and harassment by their landlord. You may not be a tenant if:
- you are a lodger, for example you live with your landlord,
- your accommodation is tied to your job.
If you are not legally a tenant you will have fewer rights. Get advice if you are unsure whether you're a tenant or not.
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My landlord has asked me to leave, what can I do?
If you are a tenant your landlord must follow certain procedures before you have to leave the property. Your landlord may be guilty of illegal eviction if he tries to evict you without giving you at least 28 days' notice to quit in writing and a court order. It is also illegal for your landlord to harass you to force you to leave the property.
If you live with your landlord or you are living with friends or family you do not have the same rights as a tenant.
What is illegal eviction?
If you are a tenant, you don't have to leave just because your landlord has asked you to leave. You are entitled to at least four weeks' notice before your landlord can evict you. You may be entitled to a longer period of notice if you have lived in the property for 5 years or more. Your landlord must also get a court order before evicting you.
Your landlord must give you four weeks' notice and get a court order, even if your tenancy agreement states that you will forfeit your tenancy if you break a condition of the tenancy agreement.
If you rent your accommodation for a set period of time (for example, you have a one year lease) your landlord doesn't have to give you notice to quit at the end of the lease. However, if you stay in the accommodation after your lease finishes, your landlord must:
- give you at least four weeks' notice;
- get a court order before evicting you.
If your landlord has evicted you without giving you the appropriate amount of notice to quit and getting a court order, you may have been evicted illegally .
What is harassment?
Your landlord may try to get you to leave your property by harassing you. Harassment includes :
- making threats,
- changing locks,
- cutting off services such as water, gas or electricity,
- entering the accommodation without reasonable notice (apart from after a natural disaster, like a fire),
- calling at unreasonable hours.
Harassment is a criminal offence. If you think your landlord is harassing you, get advice as soon as possible.
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What can I do if I am evicted?
Get advice if your landlord has evicted you. You may be allowed to move back into your home depending on your circumstances. For example, you may be able to move back into your home after being evicted if:
- your landlord illegally evicted you without a court order,
- your partner evicted you following a domestic dispute.
Keep copies of all relevant documents. Advice agencies will usually ask for documents when you are looking for advice, support and information.
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Getting permanent accommodation
If you are looking for permanent accommodation you will usually have three options:
Renting privately is usually the most expensive option and the quality of accommodation can vary.
You can apply to the Housing Executive as homeless. The Housing Executive has a legal duty to give housing advice and assistance to anyone who asks in Northern Ireland. If the Housing Executive decides that you meet the homelessness tests you will be given Full Duty Applicant status and will be entitled to permanent accommodation.
You can also apply for accommodation from the Housing Executive or a registered housing association using the Selection Scheme. You will usually have to wait longer for accommodation if the Housing Executive decides that you are not homeless.
An adviser can help you examine all your housing options. Advice is available from Housing Rights Service.
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Homelessness Checklist
