Notice from the council
This content applies to England only.
Housing laws vary between England and Scotland. This page applies to England only. Get advice relating to Scotland
As a secure tenant you can only be evicted in certain circumstances, such as breaking one of the terms of your tenancy agreement. If this happens, the council has to give you notice. The amount of notice you get will depend on the reasons for your eviction.
Am I a secure tenant?
Most council tenants have secure tenancies. The only exceptions to this are:
- if you are in temporary accommodation that the council has provided for you as a homeless person
- if the council has given you an introductory or demoted tenancy
- if you are resident in a hostel provided by the council
- if your secure tenancy has been postponed/suspended by a court.
Does the council have to give me notice?
If your council wants you to leave and you're not sure of your rights, get advice from one of Shelter's advice centres, Citizens Advice or other local advice centre. Use our advice services directory to find one near you.
Before the council can apply to court to evict you, it has to give you a warning notice. This is called a notice seeking possession.
The council normally has to give you at least four weeks' notice before it can apply to the court for a possession hearing. The only exception would be if the council wants to evict you because it says you have been involved in domestic abuse or serious nuisance or antisocial behaviour. In these cases there is no minimum period before possession action can commence. The council can serve a notice and apply to the court immediately.
The notice must explain what the grounds for the eviction (the legal reasons) are. In most cases the notice will be valid for 12 months. If the council hasn't started its court action before the end of this time, it will have to serve you with a new notice.
What happens next?
As soon as you receive the notice from the council, you should speak to an adviser. You can find one by contacting one of Shelter's advice centres, Citizens Advice, a law centre, or a solicitor. The faster you respond to the notice, the more likely you are to keep your home. Use our advice services directory to find an adviser in your area.
If you don't respond to the notice or the council isn't happy with your response, the next step it will take is to apply to court. You will know if the council has done this because the court will send you a letter and papers. This will tell you:
- that the council is applying for 'possession' of your home (ie to evict you)
- what grounds (if these are needed) the council is using for the eviction - the grounds will depend on the type of tenancy you have
- when the court date is
- that you can make arrangements for your defence (and will include a defence form, which should normally be returned to the court within 14 days).
If you haven't consulted an adviser by this stage, make sure you contact one immediately; it might not be too late to prevent the eviction.
What if I have an introductory or demoted tenancy?
If you have an introductory or demoted council tenancy you can be evicted much more easily than if you have a secure council tenancy. The council doesn't have to prove a legal reason (known as a ground) in court - if it has followed the correct procedure, the judge will have no choice other than to evict you.
The council must give you at least four weeks' notice that it intends to go to court to evict you and explain its reasons why. The notice must also inform you that you have the right to request a review of the council's decision - this is an internal appeal to the council where it considers your circumstances. But there is a time limit. You must submit a request to review the council's decision within 14 days.
Contact an adviser as soon as you receive the notice from the council. Do not wait. An adviser may be able to:
- talk to the council on your behalf
- sort out any problems with your housing benefit claim
- arrange help for any personal problems you might have
- help you settle a dispute with a neighbour
- help you to request a review of the council's decision to evict you.
A specialist adviser may also be able to help you with your arguments against the eviction and put a legal case together. If you miss the 14-day deadline to request a review, you are in serious danger of losing your home. But it may not be too late - consult an adviser straightaway using our advice services directory.
What if I live in temporary accommodation, supported housing, or a hostel?
If you live in temporary accommodation (eg a hostel) or supported housing and are threatened with eviction, get in touch with your local advice centre immediately. Our advice services directory provides details of advice agencies in your area. An adviser can check what type of licence or tenancy you have and explain what your rights are.
You may not be entitled to a court order, or even a written notice. It's very important to speak to an adviser as soon as you can. If you are evicted from temporary accommodation you will find yourself in a very difficult situation, because it is very unlikely that the council will provide you with any further assistance and you may find it difficult to find alternative housing.
Don't assume the council has to rehouse you; depending on the reasons for eviction, the council may decide that you have made yourself intentionally homeless.
