Care home notice periods and eviction: your rights

By · Published 2026-09-22 · Last reviewed 2026-09-22

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A care home can end a resident's contract only for a valid reason set out in the contract, such as genuinely being unable to meet the person's needs or serious unpaid fees, and only after consulting the resident, their family and relevant professionals. The UK consumer regulator expects at least 28 days' written notice. A home cannot simply put someone out: in England and Wales it needs a court order if the resident will not leave, and the council must be involved.

A care home cannot ask a resident to leave on a whim. Under UK consumer law, as explained by the Competition and Markets Authority (CMA), a home should end a contract only for a valid reason set out in the contract, after consulting the resident and the people who support them, and with at least 28 days' written notice. If the resident will not go, a home in England or Wales has to apply to court rather than remove them.

Notice also runs the other way, and the CMA's view is that a resident's own notice period should be no longer than the home's. This article covers both directions, refusals to take someone back from hospital, closures, and how the four nations differ.

How much notice must a care home give a resident?

The CMA is the UK's consumer regulator. Its consumer law advice for care homes, last revised in December 2021, applies to homes for older people across England, Scotland, Wales and Northern Ireland. It says a home should always give at least 28 days' written notice of termination, even where the resident is in serious breach of the contract, unless the resident or someone lawfully acting for them genuinely agrees to leave sooner. If the contract promises longer, the longer period applies.

The CMA also points out that most care home residents in England and Wales are entitled to a minimum of 28 days' written notice to vacate under the Protection from Eviction Act 1977, and that where a resident is unwilling to leave once notice has run out, the home must apply to court for an order. It adds that similar provisions may apply in Scotland.

The CMA's short guide for residents and families says the home should not ask you to leave without first consulting you, anyone assisting you and other relevant independent professionals. Notice must be in writing: the CMA lists not giving 28 days' written notice, and back-dating a notice to shorten it, as practices likely to break consumer law. A phone call saying "we think it is time to move on" is not notice. Ask for the decision in writing, with the reason and the date it runs from.

What reasons can a care home give for asking someone to leave?

A term letting the home end the contract for any reason, or for vague reasons such as the manager feeling the resident "would be better suited elsewhere", is likely to be unfair and therefore not binding. The reasons the CMA considers legitimate are:

Making a complaint is not on that list, and neither is a family disagreeing with the home. The CMA says threatening or asking a resident to leave in reprisal for a complaint, including by falsely claiming the home can no longer meet their needs, infringes consumer law.

What about dementia and changed behaviour?

Distressed or aggressive behaviour is the most common trigger for notice. The CMA says the home should first put in place ways of meeting the person's needs and consult the resident, their representatives and relevant professionals on managing periods of stress and distress, especially for people with dementia, who may not be in full control of their actions. Where there is an immediate risk of serious harm, the home should contact the local authority rather than act alone.

What process should the home follow before serving notice?

The CMA describes a fair process. Use it as a checklist when a home starts hinting that your relative should move:

  1. Early consultation with the resident, their representatives, any advocate, relevant professionals such as the GP, and the placing council or NHS body, before any final decision.
  2. Disclosure of the reasons, such as a doctor's advice or incident reports.
  3. A chance to fix things. For arrears, the home should tell the family promptly, find out why a payment was missed and allow time to agree a repayment plan. It should not terminate unless the arrears are significant.
  4. Senior oversight or an appeal, rather than a single home manager's say-so.
  5. Written notice of at least 28 days, with help to find somewhere suitable.
  6. Money back. Where the contract ends through no fault of the resident, deposits and fees paid in advance should be refunded pro rata.

If the home has skipped these steps, say so in writing and ask it to withdraw the notice, and ask the council for an urgent review at the same time.

Can a home refuse to take my relative back from hospital?

This is eviction by the back door: the person goes into hospital, and when discharge approaches the home says it cannot take them back. A hospital stay on its own is not grounds to end the contract. The CMA expects the home to keep the room during a temporary absence, review the position with the family after a set period, and treat the stay as a reason to end the contract only where the person cannot return in the foreseeable future and the family was consulted first.

In England the Care Quality Commission has published guidance on needs assessments on hospital discharge. Where an existing resident has been in hospital, Regulation 9 does not necessarily require the home to see the person in person before restarting their care. If the home can rely on information from hospital or care management staff and can meet the person's needs, it can agree the return by telephone or email. If the home still says it cannot cope, ask the hospital's discharge team to convene a meeting with the home and the council.

Who has to find a new home?

If your relative lacks capacity to decide where to live, the decision must be made in their best interests with the family consulted. A home cannot rely on such a resident having "agreed" to leave.

What if the care home is closing?

Closure is a legitimate reason to end a contract, but the same expectations about consultation and notice apply. The CMA says residents should be consulted and informed well in advance, and that in a sudden closure the home keeps responsibility for residents' immediate welfare and should contact the council straight away.

In England, section 48 of the Care Act 2014 gives the council a temporary duty to meet the needs of everyone whose provider has failed for business reasons, regardless of whether the person is ordinarily resident in its area, has been assessed, or meets the eligibility criteria. That covers self-funders. Age UK's page on care home closures explains that a council which arranged a place must arrange an alternative, and that people who made private arrangements may also be entitled to help.

In Scotland the Health and Social Care Standards say: "I receive proper notice and I am involved in finding an alternative if the service I use plans to close or can no longer meet my needs and wishes" and "I have enough time and support to plan any move to a new service".

How do the rules differ across the UK?

The CMA's advice applies UK-wide. The regulatory layer underneath differs:

If the home's complaints process fails, each nation has an ombudsman as the final stage, and consumer law problems can be reported through the Citizens Advice consumer service, or Consumerline in Northern Ireland.

How much notice do we give if we want to leave?

The contract states the resident's notice period, how it must be given and to whom. The CMA says the resident's notice period should be no longer than the notice the home must give; the home should not impose unreasonable barriers such as insisting on registered post; and it should not charge beyond the agreed notice. If the resident leaves early and the room is re-let during the notice period, the fees for the overlap should be refunded.

Trial periods

Many homes offer a trial of a few weeks during which either side can end the arrangement. Even then the CMA expects adequate notice, giving seven days as an example, plus a pro-rata refund of prepayments. It describes a term allowing termination on 48 hours' notice with no refund as likely to be unfair.

This article is general information, not legal advice. If a home has served notice, is refusing to readmit your relative, or is demanding money you dispute, speak to the council's adult social care team straight away and consider advice from a solicitor or a free advice line before agreeing to a move or a payment.

Frequently asked questions

Can a care home evict someone with no notice?

No. The CMA's advice is that even in cases of serious breach or harmful behaviour, the home should give at least 28 days' written notice unless the resident, or someone lawfully acting for them, genuinely agrees to go sooner. In England and Wales a resident who stays after notice expires can only be removed by court order.

The manager says my mother's needs are "too high" but nothing has changed. What can we do?

Ask for the decision and the evidence in writing, and ask which professionals were consulted. Request an urgent review from the council or NHS body that funds the place, or a needs assessment if she pays her own fees. If the real reason looks like a complaint or a disagreement, say so in writing.

Do we have to keep paying fees during the notice period?

Usually yes, for the notice period itself, unless the resident has moved out and the room has been re-let, in which case the CMA expects a refund for the overlap. Fees paid in advance beyond the leaving date should be refunded pro rata.

Does the council have to help if my relative pays privately?

In England the council must assess anyone who appears to need care, whatever their finances, and if the provider has failed as a business it has a temporary duty to meet residents' needs regardless of funding. Councils cannot always pay for the new place, but they should help find one.

Key takeaways