Council or housing association landlords can evict tenants for criminal or antisocial behaviour.
Get advice as soon as you can if you're facing eviction from your home.
You may qualify for free legal advice or representation under legal aid.
You can get advice from Shelter regardless of your income:
Have your notice and court paperwork with you when you speak to an adviser.
Eviction for antisocial behaviour
A council or housing association landlord can ask a court to evict you if you, someone in your household or a visitor has been involved in antisocial behaviour.
You can be evicted for antisocial behaviour that takes place in your home or in your local area.
Antisocial behaviour includes:
- causing a nuisance to your neighbours
- threatening your landlord's staff or contractors
- using your home for illegal purposes, such as drug dealing
- being convicted of a serious offence
- breaching a criminal behaviour order
You could be evicted because of the behaviour of your children or adults who live with you or visit you.
You can also be evicted if you or an adult living with you commits an offence during a riot anywhere in the UK.
Rules for eviction for antisocial behaviour
The council or housing association must follow certain rules to evict you. It should only use eviction as a last resort.
Normally the court looks at whether it is reasonable to evict you even if it has decided you have been involved in antisocial behaviour.
The court could suspend an order to possess your home on the condition that the antisocial behaviour stops. But if the behaviour is serious and persistent it will usually decide to evict you.
If the antisocial behaviour has already been proved in another court, for example you have been convicted of a serious offence or breached a criminal behaviour order, the court may have no choice but to evict you.
Find out more about the eviction of:
- secure council tenants
- assured housing association tenants
- introductory council tenants
- housing association starter tenants
You can also be evicted from a temporary tenancy that was granted when you made a homelessness application.
Alternatives to eviction
Rather than trying to evict you, council and housing association landlords may take other steps first.
These include applying for a criminal behaviour order or asking the court to demote your tenancy. Your tenancy could be demoted for a year or longer.
While your tenancy is demoted, your landlord could evict you very easily if the antisocial behaviour continues.
Rehousing after eviction
You may find it difficult to be re-housed if you are evicted because of antisocial behaviour. The council could decide you made yourself intentionally homeless if you apply as homeless.
You could also be excluded from council waiting lists because of unacceptable behaviour.
Private landlords ask for a reference from your last landlord and might not accept you as a tenant if you've been evicted for antisocial behaviour.
Last updated 10 May 2017 | © Shelter
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