# Can my landlord kick me out if his house doesn't have a licence?

- Jurisdiction: United Kingdom
- Practice area: Tenancy Law
- Published: 2026-11-04
- Last updated: 2026-11-04
- Canonical: https://lawasked.com/uk/tenancy-law/can-my-landlord-kick-me-out-if-his-p97g

## Question

I have been renting a small two-bedroom flat in Manchester, England, for about fourteen months now. My monthly rent is £950, which I pay via standing order on the first of every month. Everything was fine until last Tuesday, when my landlord sent me a formal letter stating that he wants me to move out by the end of next month. He gave me what looks like a standard notice to end my tenancy, but I have a massive worry. I was chatting with a neighbour recently, and they mentioned that the landlord never actually applied for a mandatory HMO licence from the local council, even though there are three of us living here in separate flats under one roof. I have already tried calling him to ask about the property's licensing status, but he just got very defensive and told me to stop asking silly questions and prepare my things. I am quite stressed because I don't want to be homeless, but I also feel like something is wrong. If the house is indeed operating without the proper licence from the council, is the notice he gave me actually valid, or am I legally allowed to stay in the property despite him asking me to leave?

## Summary

If your landlord is trying to use a Section 21 notice to end your tenancy while the property lacks a mandatory HMO licence, the notice is likely invalid. Under current law, a landlord cannot use this specific type of notice to evict you from an unlicensed house [cite:uk-housing-act-2004-sec98].

## Analysis

In your situation, the validity of your landlord's request to move out by the end of next month depends on the type of notice he sent you. You mentioned he sent a 'standard notice' to end your tenancy. In England, landlords often use what is called a 'Section 21 notice'—a type of notice used to regain possession of a property at the end of a fixed term without needing a specific reason [1].

If your landlord is indeed using a Section 21 notice, the law provides you with protection if the property is an unlicensed house. Specifically, the law states that "No section 21 notice may be given in relation to a shorthold tenancy of the whole or part of an unlicensed house so long as it remains such a house" [1]. This means that as long as the property remains unlicensed, he is legally barred from using that specific method to make you leave. 

Because you are in Manchester, England, the rules for unlicensed houses in Wales do not apply to you [2]. 

However, it is not certain whether the notice he gave you is a Section 21 notice or a different type of notice (such as a Section 8 notice, which is used when a tenant has breached the tenancy agreement). If he is using a different legal method to end the tenancy, the lack of a licence might not stop him. Furthermore, the law's protection only applies "so long as it remains such a house" [1], meaning if he obtains a licence before the notice period ends, the legal landscape could change. Local council regulations in Manchester may also provide additional protections or specific licensing requirements for your area.

## Statutory citations

- Housing Act 2004, Section 98 - Other consequences of operating unlicensed houses: restriction on terminating tenancies (England) [in force] (https://www.legislation.gov.uk/ukpga/2004/34/section/98)
  > No section 21 notice may be given in relation to a shorthold tenancy of the whole or part of an unlicensed house so long as it remains such a house.
- Housing Act 2004, Section 98A - Other consequences of operating unlicensed houses: restriction on terminating tenancies (Wales) [in force] (https://www.legislation.gov.uk/ukpga/2004/34/section/98A)
  > No section 173 notice... may be given in relation to a standard contract of the whole or part of an unlicensed house as long as it remains such a house.

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