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Eviction - what is it

Eviction means a tenancy is ended and you have to leave your property. If you break the conditions of your tenancy your council may take action to evict you. Grounds (legal reasons) for eviction include:

• not paying the rent
  
• anti-social behaviour – for example, threatening your neighbours
  
• damaging the property
  
• using the property illegally – for example, for drug dealing
  
• sub-letting the property without permission
  
• the council wants to carry out repairs and needs the property to be empty – but you refuse to move

You can’t be evicted unless your council gets permission from the court and there are certain legal steps they must follow. These steps are different depending on the type of tenancy you have. See the section ‘How and when the council can evict you’ for more detail.

Prevent eviction - get help and advice

Your council should take steps to try to sort out any tenancy problems before they take action to evict you.

If you’re threatened with eviction for any reason get advice about your rights and if you can stop or delay the eviction. For example, if you’re being evicted because you’ve not paid your rent, you might be able to agree a repayment plan with your council.

You can get eviction advice from Citizens Advice or Shelter.

• Find your nearest Citizens Advice or Shelter advice centre Opens new window

• Find out about eviction from council housing Opens new window

Leaving the property

If the council gets permission from the court to evict you, you must leave the property. The court will tell you when you have to leave. If you don't leave, the council can ask the court to send someone (a ‘bailiff’) to remove you and your belongings. The court will tell you the date they'll arrive.

In certain situations, you may be offered temporary housing to give you a chance to find another property.

• Bailiffs and debt collectors (crime and justice section)

• Finding somewhere to live

How and when the council can evict you

Your council must get permission from the court to evict you. The steps it has to follow are different depending on the type of tenancy you have.

If you’re not sure what type of tenancy you have speak to your council or use Shelter’s tenancy checker.

• Tenancy checker - Shelter Opens new window

• Introductory council tenancies - new council tenants

• Secure council tenancies

Introductory tenants - eviction process

It is normally easier to evict you if you have an introductory tenancy because the council doesn’t have to prove a reason for evicting you.

Step 1: the council sends you a ‘Notice of proceedings’

This lets you know that the council plans to evict you.

Step 2: asking your council to review its decision

You have the right to ask your council to review its decision. To request a review return the form sent with the Notice of proceedings within 14 days of the date on the notice.

If you don’t ask for a review, the council can apply to the court for permission to evict you.

Step 3: if you ask the council to review its decision

Reviews usually take place five to ten working days after the council gets your form. A panel will consider your case. They can:

• decide it’s right to evict you
  
• decide it’s wrong to evict you – eviction proceedings will then stop
  
• give you another chance – you’ll have to agree to certain terms and you’re likely to be evicted if you break these

Step 4: getting the court’s permission to evict you

The council can apply to the court for permission to evict you if:

• the review panel decides it’s right to evict you
• you didn’t ask the council to review it’s decision
• you were given another chance but didn’t stick to the agreement

If the correct legal steps have been followed the court must issue a ‘possession order’ giving the council permission to evict you. There isn’t usually a hearing, but get advice as you may be able to ask for one.

• Housing advice - how to get free legal help in court (government, citizens and rights section)

Secure tenants - eviction process

If you’re secure tenancy has been ‘demoted’ (for example, because of previous anti-social behaviour) the steps may be different. Get advice about the eviction process if your secure tenancy has been demoted.

Step 1: the council sends you a ‘Notice seeking possession’

This tells you:

• the grounds (legal reasons) for your eviction – the council has to prove these in court
  
• the date the council will apply to the court for permission to evict you

Usually, the council has to wait at least four weeks before they can apply to the court. However, they can do so immediately if you’re responsible for:

• serious anti-social behaviour – like drug-dealing
  
• domestic violence

Step 2: responding to the council’s notice

Don’t ignore this notice – you may be able to prevent eviction.

Step 3: getting the court’s permission to evict you

If you don’t move out or make an effort to contact the council, it can apply to the court for permission to evict you.

A hearing will be arranged and the date confirmed to you in writing. At the hearing:

• you’ll have the chance to tell your side of the story
  
• the court will consider the case – for example, the reason(s) for evicting you

The court can:

• issue a possession order giving the council 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 – you’ll have to agree to certain terms, if you break these you can be evicted without going back to court

• Housing advice - how to get free legal help in court (government, citizens and rights section)

More useful links

• Dealing with debt problems - a guide (money, tax and benefits section)

• Anti-social behaviour (crime and justice section)

• On a low income (money, tax and benefits section)