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Eviction - what it is

Eviction means a tenancy is ended by your landlord (the housing association) and you have to leave your property.

If you break the conditions of your tenancy agreement you might be evicted. 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 housing association wants to carry out repairs and needs the property to be empty – but you refuse to move out

You can’t be evicted unless your housing association 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.

Prevent eviction - get help and advice

Before the eviction process begins, your housing association should try to sort out any tenancy problems with 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 may be able to agree a repayment plan with your housing association.

You can get eviction advice from Citizens Advice or Shelter.

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

• Finding somewhere to live

How and when a housing association can evict you

Your housing association 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 – see the sections below.

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

• Tenancy checker - Shelter Opens new window

• Find your housing association Opens new window

Eviction - secure or assured tenants

Step 1: your housing association sends you a ‘Notice seeking possession’

This tells you:

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

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

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

Step 2: responding to the notice

Don’t ignore the notice – you might be able to prevent the eviction.

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

If you don’t move out or make an effort to contact the housing association, they’ll 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

Step 4: leaving the property

The date you must leave the property by is included in the possession order.

If you don't leave, your housing association 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.

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

• Bailiffs and debt collectors (money, tax and benefits section)

Eviction - during the fixed term of an assured shorthold tenancy

A starter or assured shorthold tenancy will usually be for a certain period of time (known as the ‘fixed term’). During the fixed term, the eviction process is the same as that for secure/assured tenants. See the section ‘Eviction - secure or assured tenants'.

Eviction - periodic assured shorthold tenancy

You might have a periodic assured shorthold tenancy if you weren’t given an assured tenancy when the fixed term of your assured shorthold tenancy came to an end.

It is normally easier for to evict you if you have a periodic assured shorthold tenancy because the housing association doesn’t have to explain why it wants to evict you.

Step 1: your housing association writes to tell you that it plans to evict you

Your housing association will send you a written notice giving you two months’ notice that it wants you to leave the property. It doesn’t have to explain why it wants to evict you.

Step 2: responding to your housing association

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 housing association, they can apply to the court for permission to evict you.

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

Step 4: if you don’t leave the property

The date you must leave the property by is included in the possession order.

If you don't leave, your housing association 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.

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

• Bailiffs and debt collectors (money, tax and benefits section)

More useful links

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

• Anti-social behaviour (crime and justice section)