What happens if a council or housing association evict you?

You have strong rights in a secure or assured tenancy.

Most people who rent from a council or housing association have these types of tenancy.

You can only be evicted if your landlord can prove a legal reason for eviction in court.

Sometimes the court can stop or delay an eviction.

Reasons for eviction

Rent arrears is the most common reason for eviction.

But you have a good chance of keeping your home if you take action.

You could stop things going to court if you can agree a repayment plan.

Find out more about:

• eviction for antisocial behaviour

• other reasons a council could evict you

• other reasons a housing association could evict you

• eviction after a council or housing association tenant dies

Starter tenancies and introductory tenancies

You can be evicted more easily from these types of tenancy.

Find out about eviction from:

• an introductory council tenancy

• a housing association starter tenancy

Flexible tenancies

Your flexible tenancy is a fixed term secure tenancy.

If the council wants to end your fixed term early, they must treat you the same as a secure tenant. This means they need a legal reason to evict you.

It is easier for the council to evict you when the fixed term ends if they decide not to renew or extend your flexible tenancy.

Find out more about what happens when your fixed term is coming to an end.

The eviction process

There are 4 stages:

1. Notice from your landlord

2. Your landlord starts court action

3. A court hearing takes place

4. Bailiffs can evict you if the court orders this

1. Notice from your landlord

Your council or housing association send you a 'notice seeking possession'.

It says when court action could start.

You usually get at least:

• 4 weeks' notice in a secure tenancy

• 2 weeks' notice in an assured tenancy

You might get less notice if you're being evicted for antisocial behaviour.

You get at least 2 months' notice if a housing association wants you to leave for a reason that is not your fault. For example, redevelopment or demolition.

Speak to your landlord

Councils and housing associations should only evict tenants as a last resort.

They should delay court action if they know you're trying to sort things out.

For example, if you can:

• sort out a repayment plan for rent arrears

• agree to mediation if there have been complaints from neighbours

Mediation is where someone who is not connected to the problem helps you sort out a disagreement with another person.

2. Your landlord starts court action

You do not have to leave by the date on the notice.

Your council or housing association can ask the court to end your tenancy if you stay.

They can start court action after the date in your notice.

They must start court action within a year if they still want to evict you. After this, the notice is not valid. This means it can no longer be used.

For assured tenants, the year starts from when you get the notice.

For secure tenants, the year starts from the end of the notice period.

Court forms and letters

You get these forms from the court:

• N5 claim form - completed by your landlord

• N119 form - explains why your landlord wants to evict

• N11R defence form - for you to return within 2 weeks

3. The court hearing

The claim form from the court tells you:

• the time and date of the hearing

• where it will take place

The hearing is usually at your local county court.

A judge could make a possession order at the hearing.

Rent arrears and eviction

Find out about:

• going to a rent possession hearing

• possession orders for rent arrears

4. Eviction by bailiffs

Your council or housing association can apply for bailiffs if you:

• break the conditions in a suspended possession order

• stay past the date in an outright possession order

The bailiffs must give you at least 2 weeks' notice of the eviction date.

Find out what happens on the day of an eviction.