Council and housing association evictions
Printable version
1. Overview
You may be able to stop or delay the eviction. You can get advice from charities like Citizens Advice or Shelter.
Check if you can get legal aid. If you’re eligible, you can get advice from Civil Legal Advice, or you can search for a legal aid adviser.
If your case goes to court, you might be able to get help on the day from an adviser in the court building.
Eviction means your landlord ends your tenancy and you have to leave your property.
The steps that your council or housing association must take to evict you depends on the type of tenancy you have. But the basic steps are:
-
You get written notice that the council or housing association plans to evict you.
-
If you do not leave or cannot come to an agreement, the council or housing association can apply to the court for a possession order.
-
The court decides whether you can be evicted.
-
If you still do not leave, bailiffs can remove you and your belongings.
2. Written notice
Your council or housing association must give you a written warning notice that they plan to evict you. The notice is normally either at least 4 weeks or 4 months, depending on the type of tenancy you have.
However, they can start eviction proceedings immediately if you’re responsible for serious antisocial behaviour like drug-dealing.
For most types of tenancy, your council or housing association must also tell you why they’re planning to evict you.
The quicker you reply to the written notice, the better chance you have of keeping your home. If you ignore it and stay in the property, or the council or housing association is not satisfied with your response, they may apply to the court for permission to evict you.
Rent arrears
If you’re facing eviction over unpaid rent, before taking you to court the council or housing association must:
- try to talk to you about the arrears as early as possible
- give you detailed information about the arrears
- offer help, if you need it, to make a housing benefit claim
- agree to delay taking you to court if you make a reasonable offer to pay off your rent arrears
These steps are known as the ‘pre-action protocol’.
3. The court hearing
Your council or housing association will need permission from a court to evict you.
You’ll get papers confirming the date of the hearing. At the hearing you have the chance to tell your side of the story.
The court can:
- issue a possession order giving the council or housing association permission to evict you
- decide evicting you is not justified - eviction proceedings will then stop
- issue a suspended or postponed possession order giving you a final chance to avoid eviction
After the hearing
The possession order will state the date you must leave the property by. If you do not leave, your council or housing association can ask the court to send a bailiff to remove you and your belongings. The court will tell you the date they’ll arrive.
In certain situations, your local council may offer you temporary housing to give you a chance to find another property. While it’s looking into your case, the council may offer you emergency accommodation (such as a hostel or B&B). Shelter has an emergency housing rights checker tool that shows whether you may be entitled to this.