Notice from the housing association
This content applies to England only.
Housing laws vary between England and Scotland. Get advice relating to Scotland
Housing association tenants can only be evicted in certain circumstances, for example, if they break one of the terms in their tenancy agreement. If this happens, the housing association should give you notice. The amount of notice you get depends on why you are being evicted and the kind of tenancy you have.
If your housing association wants you to leave and you're not sure of your rights, get advice from one of Shelter's advice centres, Citizens Advice, or another local advice centre. Use our advice services directory to find one in your area.
Does my housing association have to give me written notice?
Before the housing association can apply to the court to evict you, it has to give you a warning notice, called a notice of seeking possession. It normally has to give you either two weeks' or two months' notice of going to court, depending on the reasons for the proposed eviction. The only exception is if the housing association wants to evict you because it says you have been involved in serious nuisance, antisocial behaviour, or domestic abuse. In such circumstances, it may not have to give you any notice at all.
Whatever the situation, the notice must explain what the reasons (also known as grounds) for the eviction are. In most cases, the notice will be valid for 12 months. If the housing association doesn't start court action before the end of that period, it has to serve you with a new notice.
What happens next?
As soon as you receive written notice you should contact an adviser, either through a Shelter advice centre, Citizens Advice, or a law centre, or consult a solicitor. The faster you respond to the notice, the more chance you have of keeping your home. If you don't respond to the notice, or if the housing association isn't happy with your response, the next step it will take is to apply to the courts. You will know if the housing association has done this because you'll receive papers from the court. These will tell you:
- that the housing association is applying for 'possession' of your home (ie to evict you)
- what grounds (if these are needed) the housing association is using for the eviction - the grounds it can use will depend on the type of tenancy you have
- when the court date is.
If you haven't contacted an adviser by this stage, make sure you do so immediately - it might not be too late to prevent eviction.
What if I live in temporary accommodation, supported housing, or a hostel?
If you live in temporary accommodation, supported housing or a hostel, and are threatened with eviction, get in touch with a local advice centre straightaway.
Advisers can check what type of licence you have and explain your rights. You may not be entitled to a court order, or even to written notice. It's very important to speak to an adviser as soon as you can.
Don't assume that the local council will have to rehouse you. If you are evicted, you may find it very difficult to find alternative housing. Depending on the reasons for the eviction, the council may even decide that you made yourself homeless intentionally.
If you receive support and care and your housing association gives you notice of eviction, the housing association is meant to offer advice and assistance and inform other agencies involved of the action being taken. You should take advantage of any help these agencies can provide, as your other options will be very limited.
