Can a council or housing association force you to downsize?

A council or housing association might ask you to move to a smaller home if they say you have more bedrooms than you need. They sometimes call this 'under occupancy'.

For example, if:

• your partner or relative dies

• your children grow up and move out

Who has a choice about moving?

You cannot be forced to move in these situations:

• you're the original tenant – even if other family members have moved out

• you succeeded to a secure tenancy because you were married or civil partners

• your secure tenancy was signed over to you before your partner or relative died

If you want to move or downsize

Speak to your landlord if your home feels too big.

Some councils and housing associations give you:

• priority on their transfer or waiting list

• practical help or money to move

You could also look at swapping your home with another tenant.

If the bedroom tax is a problem

You get less help with rent from universal credit or housing benefit if you're working age and have spare bedrooms.

You have to pay more of your rent from other income. This can cause money problems.

Downsizing is one way to get around the bedroom tax but you might have other options. For example, you could apply for discretionary housing payments.

Find out more about how to deal with the bedroom tax.

You do not have to pay the bedroom tax if you and your partner are both pension age.

Eviction or court action after a tenant dies

You might need to think about moving to a smaller home if a court could:

• evict you

• order you move to another council or housing association home

The council or housing association must give you a notice before they start court action.

Some social landlords send a notice as soon as they know that the tenant has died. It might be the wrong type of notice. Get it checked if you can. You could get free legal advice.

If nobody can take over the tenancy

If nobody in your home has succession rights you should look at a smaller home if it's offered.

The council or housing association can take steps to end the tenancy. They do not need to show the court that there is somewhere else for you to go.

Check the landlord's policy. Some policies talk about a 'discretionary succession'. This means you could take over the tenancy for special reasons.

For example, if you were the tenant's carer or lived with them for a long time. You might still have to move to a smaller home.

If you are 'under occupying' after a succession

Your council or housing association might decide your home is too big for you after a succession. They often call this 'under occupying'.

With a secure tenancy, your landlord could give you a notice. It will mention ground 15A as a reason for seeking possession.

You can check what the notice looks like on GOV.UK.

Your landlord can only usually give a notice on this ground between 6 and 12 months after your relative dies. But they could ask the court to extend this time period. For example, if you took a long time to tell them about the death.

Will the court make you move?

The court can only order you to leave your home if the landlord can show that:

• your home is larger than you need

• you can move to another council or housing association home

The court also decides if it's reasonable for you to move. The judge looks at:

• your age

• how long you have lived there

• the support you gave to your relative before they died

• other special reasons for you to stay in your home or the local area

Help to move or downsize

The council or housing association should:

• give you time to grieve and deal with a death

• help you to find another home if you have to leave

They should do this before starting court action. The court process can take a few months.

Offers from the council housing register

The landlord might tell you to apply for a smaller home.

You should get some priority on the housing waiting list if you could face eviction.

You might:

• get a direct offer of a tenancy

• need to bid on homes

'Bidding' means applying for homes advertised by the council or housing association.

You should do this if you could be evicted because you do not have succession rights.