Family intervention tenancies

This content applies to England only.

Housing laws vary between England and Scotland. Get advice relating to Scotland

Councils and housing associations can give family intervention tenancies to any existing tenants who have been evicted as a result of their antisocial behaviour, or could be at risk of eviction because of it.

What is a family intervention tenancy?

Family intervention tenancies help local councils and housing associations to work with families who have been involved in antisocial behaviour. These tenancies normally last between 6 months and 1 year. In certain circumstances they can last for up to 2 years.

The tenants are put on probation and given behavioural support services as a condition of living in the accommodation.

Behaviour support agreements

If you are given a family intervention tenancy, you will be provided with help to change the pattern of antisocial behaviour. You will receive a behaviour support agreement, which will set out:

the changes in behaviour expected of your household
the support services that will be provided to you, this could include: children’s services, community safety services, parenting or youth intervention services and/or help with education, benefits, health issues, drugs and/or alcohol), and
what will happen if you don’t stick to the agreement.

When can a family intervention tenancy be used?

A family intervention tenancy can only be used if:

a possession order (an order for eviction) has been made against you, or
a possession order could have been made if you had been a tenant

How is a family intervention tenancy set up?

Before you can be given a family intervention tenancy, your landlord must give you a written notice explaining how this will affect your rights. It is always a good idea to speak to an adviser at this point to be sure that you understand all the issues - use our directory to find an adviser in your area.

What will the notice say?

The notice must:

explain why you are being offered a family intervention tenancy
tell you where you will live (you will normally have to move from your current home)
set out any rules you will need to stick to
explain that the family intervention tenancy will give you less protection from eviction than your current tenancy
explain that you do not have to give up your existing tenancy or accept the family intervention tenancy, and
explain what will happen if you do not accept the family intervention tenancy and support services – ie you may be evicted
tell you where to get advice
explain other conditions – including any about behaviour.

Do I have to accept a family intervention tenancy?

No. If your landlord offers you a family intervention tenancy, you do not have to accept it. The notice you receive from your landlord offering you a family intervention tenancy should explain what the consequences will be if you refuse it.

However, it will normally be in your best interests to accept the family intervention tenancy as your landlord can take court action to evict you from your secure or assured tenancy if you don’t. So you should think carefully before making any decisions.

Get advice as soon as you are sent anything in writing. Use our directory to find an adviser in your area who may be able to help you.

How can a family intervention tenancy be ended?

At the end of family intervention tenancy, you can either:

be offered an introductory tenancy, a starter tenancy, an assured tenancy or a secure tenancy if you stick to your behaviour support agreement, or
you can be evicted if you have not complied with the conditions.

People with family intervention tenancies only have very basic protection from eviction. The rules on this are slightly different depending on whether you have a council or housing association landlord.

Eviction by a council landlord

Notice of intent

If the council wants to end your family intervention tenancy, they must first send you something called a ‘notice of intent’ before they can start the eviction process.
The ‘notice of intent’ must explain:

that the council has decided to serve you with a ‘notice to quit’ (asking you to leave)
what the effect of serving a notice to quit will be – ie that you may be evicted
the reasons why the council is serving a notice to quit – ie that you have failed to stick to the terms of the family intervention tenancy
when the council plans to serve the notice to quit; and
that you have the right to request a review within 14 days.

Notice to quit

The council can then serve a ‘notice to quit’ if:

you do not request a review of their decision within 14 days, or
you asked for a review of their decision, but you have withdrawn this request, or
the council has already reviewed its decision and has given you the reasons for the outcome.

Hearing

You can ask for a hearing to present your case in person, or you can put your case in writing. In either case, you must send to your landlord certain information within 21 days:

a copy of any evidence that you will rely upon; and
the name and address of anyone that you intend to call to provide evidence for you.

It is very important to attend the oral hearing if you have requested one. If you don’t, the court can make a decision without you being there. The law in this area is quite complicated so you should get advice if you want to request a review. Use our directory to find agencies in your area.

Eviction by a housing association landlord

The housing association has to give you a minimum of 28 days notice to quit. If you do not leave after 28 days, the housing association can apply to the county court for something called a possession order to evict you.

There is no legal requirement for the housing association to give you notice telling you that they intend to take action, or to offer you a review of their decision to evict you. However, they should normally give you the chance to address the problems that led to the threat of eviction before they serve you with a notice to quit.

If you feel that you have been treated unfairly, contact a local advice centre to see whether there is anything you can do to stop the eviction. Use our directory to find one.