Council and housing association tenants: eviction for antisocial behaviour

Council or housing association landlords can evict tenants for criminal or antisocial behaviour.

Eviction for antisocial behaviour

Your council or housing association landlord can ask a court to evict you for antisocial behaviour caused by:

  • you
  • someone in your household, including your children
  • your visitors

You can be evicted for antisocial behaviour that takes place in your home or in your area.

Antisocial behaviour can include:

  • 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 can also be evicted if you or an adult living with you commits an offence during a riot anywhere in the UK.

Rules your landlord must follow

Your council or housing association must follow certain rules to evict you. You can challenge your eviction if they don't.

Your landlord should only use eviction as a last resort.

Your landlord must prove a legal reason for the eviction to the court if you have:

The legal reason is is called a ground for possession.

Discretionary grounds for possession

A court can decide not to evict you if you are being evicted on a discretionary ground.

If you attend the court hearing and can show that the antisocial behaviour has stopped or will stop, the court may suspend a possession order.

This means you can stay in your home as long as you keep to conditions in the order.

For example, you may:

  • agree to stop visitors who cause antisocial behaviour from returning
  • stop your children causing antisocial behaviour in your area

Mandatory grounds for possession

In serious cases of antisocial behaviour, your landlord can use a mandatory ground to evict you.

The court can't stop an eviction if your landlord can prove a mandatory ground.

The court must make an outright possession order if your landlord has followed the correct process and can prove any of the following:

  • conviction of a serious offence or noise nuisance in the area
  • breach of a nuisance injunction or criminal behaviour order
  • a closure order has already been made

The offence could be committed by you or anyone living in your home or even visiting the property.

When your landlord doesn't have to prove a ground

You're at high risk of eviction if you behave antisocially and have an:

Your landlord must still get an eviction order from the court if you have an introductory, starter or demoted tenancy.

They will get the order automatically if they follow the correct process.

You can be evicted without a court order if you behave antisocially and you're in emergency housing following a homeless application

Rehousing after eviction

You may find it difficult to find somewhere to live if you're evicted because of antisocial behaviour.

The council could decide you're intentionally homeless if you ask for help.

You could also be excluded from council waiting lists.

Private landlords usually want a reference from a previous landlord. They may not accept you as a tenant if you've been evicted for antisocial behaviour.

Get advice if you are facing eviction

It may be possible to challenge your eviction.

Get advice as soon as you can.

You may qualify for legal aid if you're on a low income

If you don't qualify for legal aid, there are options for free legal support

Make sure you have documents such as your eviction notice and any court papers with you when you ask for legal help.

Last updated 17 Dec 2019 | © Shelter

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