Council and housing association tenants: eviction for antisocial behaviour
You could lose your home if you or anyone you live with causes antisocial behaviour.
What counts as antisocial behaviour
Antisocial behaviour includes things like:
racist or homophobic abuse
causing a nuisance to your neighbours
threatening your landlord's staff or contractors
using your home for illegal purposes, such as drug dealing
a criminal conviction for a serious offence
breaching a criminal behaviour order
Guests can also put your tenancy at risk if they behave in an antisocial way when they visit.
Complaints about your behaviour
Eviction should be a last resort.
Your council or housing association should:
discuss any complaints with you
give you a chance to stop the behaviour
offer mediation or tenancy support if this would help
What to do
You may be able to stop the eviction process going any further if you accept any support offered or agree to mediation.
You can ask to be referred to a community mental health team or drug and alcohol service if you think these issues are affecting your behaviour.
The eviction process
The 3 stages to the process are:
Notice
Court action
Bailiffs
Most council and housing association tenants have secure or assured tenancies.
Your landlord will need to prove a reason for eviction in court and sometimes the court can stop or delay an eviction.
Read this information instead if you have a:
You can be evicted more easily with these types of tenancy.
What to do
Look out for important letters from your landlord or the court.
Get free legal advice as early in the process as you can.
1. Notice
You get a 'notice seeking possession' if you have an assured tenancy or a secure tenancy.
You can see which form should be used on GOV.UK:
Read your notice carefully to understand the reasons for eviction and when court action could start.
What to do
Contact your landlord if you disagree with any of the information in the notice, or if you need support or want to resolve things.
Check the grounds on the notice
The reasons for eviction are called 'grounds for possession' on the notice.
The grounds are numbered. There are different grounds for secure and assured tenants.
Your landlord must prove a ground at a court hearing to get an eviction order.
Check the date court action can start
The date is written on the notice.
How much notice you get depends on your tenancy type and the ground used.
The notice rules have changed several times during coronavirus.
All tenants were entitled to 3 months' notice between 26 March and 28 August 2020. Some notices given during this time will still be valid.
From 29 August 2020 notice periods returned to normal for antisocial behaviour grounds.
These tables show the minimum notice periods for antisocial behaviour grounds.
| Assured tenancy | Minimum notice period |
|---|---|
| Ground 14 | None - court action can start as soon as you're given notice |
| Grounds 14A or 14ZA | 2 weeks |
| Ground 7A | 4 weeks - periodic tenancies |
| 1 month - fixed term tenancies |
| Secure tenancy | Minimum notice period |
|---|---|
| Ground 2 | None - court action can start as soon as you're given notice |
| Grounds 2A or 2ZA | 4 weeks |
| Section 84A notice | 4 weeks - periodic tenancies |
| 1 month - fixed term tenancies |
How long the notice is valid for
Your landlord has a year to start court action.
For assured tenants this runs from when you get the notice. For secure tenants this runs from the date the notice says court action can start.
What to do
Your notice is shorter and your case will usually get to court quicker if you're facing eviction for antisocial behaviour.
Get free legal advice on your next steps.
2. Court action starts
Your landlord can apply for a possession order once the notice period has ended.
You will get several letters and forms from the court. Keep them together in a file.
This table shows the main documents you should get before a court hearing.
| Letters received | What this means |
|---|---|
| Claim and defence forms | Your landlord has applied for a possession order. |
| Notice of review | The court has scheduled a review date for your case |
| Notice of possession hearing | The court has arranged a hearing for you to attend. |
Claim and defence forms
Read the claim form carefully. Look for any mistakes or anything you disagree with.
Get legal help to complete and return the defence form within 2 weeks.
The review date
You will get a notice of review from the court at least 3 weeks before the review date.
The review date is not a possession hearing and you don't need to attend in person.
It is a chance to get free legal advice from a court duty adviser if you've not manage to get legal advice before this.
Check the notice of review carefully for details of how to contact the court duty scheme.
On the review date, the judge could:
set a date for a hearing - usually 4 weeks after the review
dismiss the claim - if there's been a procedural mistake by your landlord
give directions - to give you or your landlord more time to do something
The court hearing
A hearing will usually be at your local county court 4 weeks after the review date.
You will get a notice of possession hearing which tells you:
the time and date
how to get free legal help on the day from a court duty adviser
You should always attend or let the court know if there's a very good reason why you can't. For example, sudden or serious ill health.
Follow any guidance from the court on coronavirus safety measures.
What to do
Get free legal help before the review date or hearing.
Go to your hearing even if you haven't returned the defence form.
The notice of review and notice of possession hearing tell you how to get help from a court duty adviser on the day.
When the court could allow you to stay
The court could make a suspended possession order if the council or housing association proves a 'discretionary ground'.
A suspended order means you can stay in your home as long as you keep to the conditions in the order.
Common discretionary grounds are:
grounds 1 and 2 - secure tenants
grounds 10, 11 and 14 - assured housing association tenants
The court will probably make an eviction order if the antisocial behaviour is very serious and ongoing, or if a criminal offence has been committed.
What the court looks at
With a discretionary ground, the court looks at the effect of the behaviour on your neighbours and employees of the council or housing association.
You may be able to keep your home if you can show that the behaviour has already stopped or will stop immediately.
For example, if the behaviour was caused by:
mental health or drug and alcohol problems - and you now get support
someone else in your home - and you can show they no longer live there or visit
If your landlord also uses a rent arrears ground, the court will look at the level of arrears and if you have come to a repayment agreement.
When the court must order eviction for antisocial behaviour
The court must make an outright possession order if the council or housing association prove a 'mandatory antisocial behaviour ground'.
The order sets a date for you to leave your home.
Your landlord is using a mandatory antisocial behaviour ground if your notice:
lists Ground 7A and you have an assured tenancy
states the court will be asked to make an order under section 84A and you have a secure tenancy
These grounds can only be used in specific situations. For example, if you've been convicted of certain offences in the local area.
When the court must order eviction for rent arrears
The court must order eviction if you're an assured housing association tenant and your landlord proves ground 8 because you have rent arrears.
Your landlord must be able to show that you had at least 8 weeks' arrears both:
when you're given notice
at the time of the hearing
Try to get your arrears below 8 weeks by the time of the hearing.
Your case is likely to be dealt with sooner by the courts if you're also facing eviction for antisocial behaviour.
3. Eviction by bailiffs
The council or housing association can ask bailiffs to evict you if you:
break the conditions in a suspended order
stay in your home past the date in an outright order
They must apply for an eviction warrant.
The bailiffs give you at least 2 weeks' notice of the eviction date.
What to do
If the eviction order was made on a discretionary ground you could still ask the court to stop the eviction at this late stage.
Get legal advice before you apply. The court might not be willing to stop the eviction if there is ongoing evidence of antisocial behaviour.
Find out what happens if the eviction goes ahead.
Help from the council after eviction
Ask the council for help if you will be homeless following an eviction.
You can do this even if you're being evicted from a council tenancy.
The council may decide you're intentionally homeless. But this doesn't mean they don't have to help at all.
You may qualify for emergency housing if you have children, are pregnant or have another priority need.
Last updated: 28 May 2021
