Grounds for evicting council tenants
This content applies to England only.
Housing laws vary between England and Scotland. Get advice relating to Scotland
Councils don't always need to prove grounds for an eviction. If you are an introductory or demoted tenant then you have very little protection from eviction.
Secure council tenants can only be evicted for certain legal reasons (known as grounds). However, in some cases the court may decide it is not reasonable to evict you, even if the council can prove that the grounds are true.
When the council doesn't need grounds
If you are a demoted or introductory tenant, the council will not have to prove a ground. It is also unlikely that it would need to provide grounds for eviction if you are living in temporary accommodation, supported housing, or a hostel.
Different grounds for eviction
The council may have grounds for eviction if:
- you have rent arrears
- you break a term of your tenancy agreement
- you (or people who live with you or visit you) cause nuisance or annoyance in your home or in the neighbourhood
- you use your home for illegal or immoral activities (eg drug dealing)
- you are violent towards your spouse, civil partner or partner, and s/he leaves as a result
- you damage your home or any furniture the council has provided with it
- you lied about your circumstances in order to get the tenancy in the first place
- you paid money in order to exchange your home
- you have lodgers or subtenants and your home is overcrowded as a result
- the council plans to demolish your home
- the council needs to do major repairs that it can't do while you are living there
- your home was designed or adapted for a person with special needs, and the people in your household no longer need those special facilities.
Get advice
Whatever the grounds, it's always a good idea to speak to an adviser. Find one near you by looking at our advice service directory . An adviser may be able to help you negotiate with the council and/or represent you in court. It's very important to prepare your case properly and attend the hearing. Otherwise, the judge may assume that you agree with everything the council has said.
