The steps involved
This content applies to England only.
Housing laws vary between England and Scotland. Get advice relating to Scotland
This section outlines the basic steps that are involved in an eviction. Not all housing association tenants have rights at each of these stages.
Whatever stage an eviction is at, it's always worth getting advice. It may not be too late to stop or delay the eviction, even if the bailiffs are on their way. Use our advice services directory to find an advice centre in your area.
Notice
The first step in an eviction is usually written notice from your housing association. However, a housing association can ask the courts to dispense with the need to serve a notice if the reason for your eviction is because you have been involved in serious antisocial behaviour. It is also able to apply to the courts to evict you without waiting for the two-month notice period to pass.
If you live in supported housing, a hostel, or temporary accommodation arranged by the council because you were homeless, the housing association may only need to serve a notice if it wants you to leave. Make sure you speak to an adviser at one of Shelter's advice centres, Citizens Advice, or local advice agency as soon as you receive notice of an eviction.
Court order
If you haven't left by the time the notice expires, your housing association will usually have to apply for an order from the county court telling you to leave. This is known as a possession order. Most tenants are entitled to stay in their accommodation until a possession order takes effect.
Sometimes housing associations are able to get a possession order automatically, but other times they need to prove a reason (also known as a ground) to the court. There may be a court hearing.
Always arrange for advice well before the date of the court hearing. If there has not been enough time to prepare, your adviser may write to the court asking for more time or tell you to ask for more time. If you have no adviser, some courts have a 'duty adviser' who may be able to help you on the day. But don't take any chances - get advice as soon as you can.
What orders can the court make?
The judge will make a decision at the court hearing. If you do not understand what it means, check this with an adviser immediately. It is likely that the judge will do one of the following:
- Strike out the housing association's claim: this means that the housing association hasn't followed the proper procedure and it has to start the process again if it wants to evict you. It is unlikely that the court will do this unless there are legal reasons to take this action. For more information contact an independent adviser or solicitor.
- Adjourn the hearing to another date: this is usually to give you more time to prepare your case. However, you should not rely on the court doing this, and should always contact an adviser as soon as possible.
- Adjourn the hearing on a condition: for example, that you regularly pay your rent and something towards the arrears. If you stick to the condition, your case will probably not go back to court.
- Make a suspended order for possession: this allows you to stay in your home as long as you abide by certain conditions. These conditions will be set out in the order. For example, you might have to pay the rent plus the arrears in instalments, or ensure your children don't cause a nuisance. If you do not stick to the conditions, you could be evicted quickly without another court hearing. A suspended order is meant to be a last chance.
- Make an outright possession order: this means that the property will be given back to the housing association on a certain date. If you don't leave, the housing association can ask the court to send a bailiff to remove you and your belongings from your home. You should be sent a letter first, but you will only have a few days in which to leave. The bailiffs can use reasonable force if necessary.
- Make a money judgment: this means that you have to pay the rent arrears, regardless of whether or not you are evicted. This will affect your credit rating, which could make it difficult for you to find a new home.
If the judge makes a possession order, s/he may also include a money judgment. This means that as well as leaving your home, you will be asked to pay any rent arrears, the court or bailiff costs, or all three.
Even if the court makes an outright possession order and the housing association asks the bailiffs to remove you, it may still be possible to stop or delay the eviction. Contact an adviser immediately.
Eviction by the bailiffs
If you haven't left by the date the court ordered you to leave, your housing association can arrange for a bailiff to evict you. Bailiffs are employed by the court. You will receive a letter from the court saying when the bailiffs will arrive. Bailiffs can physically remove you and your belongings from the property, but they must not use violence or unreasonable force in doing so.
It is sometimes possible to apply to the court to stop the bailiffs from evicting you. You should get specialist advice immediately if you want to do this.
No-one other than a bailiff acting for the county court is allowed to remove you from the accommodation. If anyone else attempts to do this, they are likely to be guilty of illegal eviction, which is a serious offence. Contact an advice centre straightaway if this happens to you.
