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 council tenants have the same rights at each of the stages involved in an eviction.
But whatever stage an eviction is at, it's worth getting advice. Use our advice services directory to find an advice centre in your area. It may not be too late to stop or delay the eviction, even if the bailiffs are on the way.
Notice
The first step in an eviction is usually a written notice from your council. However, the council can ask the courts to dispense with the need to serve a notice if the reason for your eviction is that you have been involved in serious antisocial behaviour. The council can also apply to the court to evict you without waiting for the two-month notice period to pass.
If you live in temporary accommodation, supported housing or a hostel, the council has simply to serve you with 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 a 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, the council 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.
If you have a secure tenancy, the council must prove its reasons for the eviction (known as grounds) to the court. In some cases the council will not need to make an application to the court.
What orders can the court make?
You should have arranged advice before the court hearing. If there has not been enough time to prepare, your adviser may write to the court asking for more time or request that you ask the court for more time yourself.
If you have no adviser, some courts have a 'duty adviser' who may be able to help you on the day. If you cannot get an adviser before the hearing, try to attend the court yourself. The judge will give you an opportunity to explain your circumstances in relation to the possession action against you. But don't take any chances - try to get advice as soon as you can.
The judge will make a decision at the court hearing. If you do not understand what it means, check with an adviser immediately. It is likely that the judge will make one of the following decisions:
- Strike out the landlord's claim: this will mean the council didn't follow the proper procedure and it has to start the process all over again if it wants to evict you. The court is unlikely to do this unless legal reasons are provided. 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 follow the conditions set by the court and stick to the agreement, the case will probably not go back to court.
- Make a postponed order for possession: this allows you to stay in your home as long as you stick to certain conditions. The conditions will be set out by the court in the order (eg you might pay the rent plus arrears, or ensure that your children don't cause a nuisance). But if you break these conditions, you could be evicted quickly and without another court hearing. A postponed order is meant to be a last chance.
- Make an outright possession order: this effectively means that the property will be given back to the council on a certain date. If you don't leave, the council 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 are allowed to use 'reasonable force' if necessary.
- Make a money judgement: this means that you have to pay the rent arrears, regardless of whether or not you are evicted. This can also affect your credit rating, which could make it more difficult for you to find a new home.
Sometimes the judge will attach a money judgement to a possession order. This means that as well as having to leave your home, you will be asked to pay any rent arrears, the court or bailiff's costs, or all three.
Even if the court makes an outright possession order and the council 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, the council can arrange for bailiffs to evict you. The court employs the bailiffs. 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 often 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 appointed by the county court is allowed to physically remove you from the property. If anyone else attempts to do this, they could be guilty of carrying out an illegal eviction - a serious offence. Get in touch with an adviser immediately if this happens to you. Use our advice services directory to find an advice agency in your area.
