Eviction from a housing association or council home

Most council and housing association tenants have strong rights.

Your landlord should only take steps to evict you if they have tried other options.

A court can often stop or delay an eviction.

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

Find out why your landlord wants to evict you

Secure and assured tenants can only be evicted for a legal reason.

More on eviction:

• for rent arrears

• for antisocial behaviour

• for other reasons in a council tenancy

• for other reasons in a housing association tenancy

• after a council or housing association tenant dies

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

More on eviction:

• from an introductory council tenancy

• from a housing association starter tenancy

• when a fixed term flexible tenancy ends

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.

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 notice ends.

They have a year to start court action 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 the housing association gives you 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

Missed rent payments are the most common reason for court action.

But an eviction might be stopped if you can pay your rent and pay off any arrears over time.

More on:

• 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 on 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.