Eviction of housing association starter tenants

A starter tenancy from a housing association usually lasts for 12 months.

You usually get a longer term tenancy when the trial ends.

You can be evicted more easily during a starter tenancy. For example if you:

• owe rent

• damage your home

• are involved in antisocial behaviour

Get legal help straight away

Get legal advice if you're facing eviction from a starter tenancy.

You can also ask your council for help so you do not lose your home.

Have your notice and any court paperwork ready when you speak to a legal adviser or the council.

Section 21 eviction

Section 21 eviction means your housing association can evict you without a reason.

But they must take each of these legal steps to evict you:

1. Notice from the housing association

Your housing association must give you a section 21 notice on Form 6A.

They can only do this if they have given you these documents:

• energy performance certificate

• current gas safety record (if you have a gas supply in your home)

They cannot give a section 21 notice in the first 4 months of your tenancy.

Your housing association might ask if you want a review of the decision to evict you.

A review gives you the chance to say why you should stay. For example, if you can pay back rent you owe.

2. Going to court

Your housing association can start court action once the date in your notice has passed.

Court action means your housing association asks a court for an order to evict you.

Your housing association has 4 months from the end date on the notice to do this.

You get paperwork from the court including a defence form which should be returned within 14 days.

With a section 21 eviction, the judge must make a possession order unless:

• the housing association has not followed the right steps

• the section 21 notice is not valid

A possession order means you have to leave.

Get legal help.

An adviser can:

• check your notice is valid

• help with the defence form

• talk to your housing association

3. Eviction after a possession order

A possession order gives a date for you to leave. This is usually 2 weeks after the order is made but can be up to 6 weeks later if you would suffer exceptional hardship.

If you stay in your home after this date, the housing association can ask court bailiffs to evict you.

The bailiffs must send you a notice 2 weeks before the eviction date.

You cannot usually ask the court to stop or delay an eviction at this stage.

Find out what happens on the eviction date.

A section 8 eviction notice

Your landlord could use a Section 8 notice if they have a reason to evict you. For example, you owe rent.

They have to prove the reason.

The court can sometimes delay or stop the eviction if you get a section 8 notice.

Find out more about section 8 eviction.