Eviction of introductory council tenants

An introductory tenancy is a trial council tenancy.

Your trial usually lasts for 12 months.  

During your trial, you can be evicted easily for things like:

• rent arrears

• antisocial behaviour 

The council can evict you easily because they do not have to prove anything if they ask a court for an order to evict you.

Your council should talk to you about problems before they take steps to evict you.

What your council must do

There are steps that your council must take to evict you.

Notice period

Your council must give you at least 4 weeks' notice. This is called a section 128 notice.

The notice must set out:

• why the council wants to evict you

• the earliest date that the council can ask a court for an order to evict you

• how to ask the council to review their decision to evict you

Talk to the council when you get your notice

You can ask the council to review its decision to evict you.

This is very important. You can tell the council why they should not evict you during the review.

For example, if the person who caused antisocial behaviour in your home has left.

You have 2 weeks from the date that you get your eviction notice to ask for a review.

What happens with a review

You can:

• have a review meeting with the council and take someone to support you

• explain in writing why you should not be evicted, for example, because you can repay your arrears

The council must tell you in writing if they decide to either:

• let you stay

• evict you and ask the court for an order to make you leave

If the council starts court action

Court action means the council asks a court for an order to evict you.

The council must ask the court for the order before your trial period ends.

If they do not, your introductory tenancy becomes a secure or flexible tenancy.

Check the date on the documents the court sends you.

It is too late to evict you if the documents were sent after your trial period ended. You probably now have a secure or flexible tenancy.

Tell the court if the documents were sent after your trial period ended.

Fill in the defence form

The documents that the court sends you include a defence form.

Fill in the defence form to tell the court why you should not be evicted.

For example:

• you can pay back rent arrears

• antisocial behaviour in your home has stopped

• the council left it too late to ask the court for an order to evict you

You need to send the defence form to the court within 14 days of getting it.

Your court hearing

The court tells you the time and date for your hearing when they send you the court documents.

Check your documents to find out:

• when and where your hearing is

• how to get free legal help on the day

The hearing is usually 3 to 8 weeks after you get the documents.

It is usually at your local county court.

What happens at your hearing

The court checks that your council gave you the right notice and took the right steps to evict you.

The court should stop your eviction if the council:

• made a mistake with your eviction notice

• left it too late to ask the court for an order to evict you

If the court says you must be evicted

The court sets a date for you to leave. This is usually 2 to 6 weeks after your hearing.

If you do not leave by then, the council can ask the court to send bailiffs to evict you.

Find out what happens if the eviction goes ahead.

Talk to the council

You can ask the council to stop the bailiffs if you can show things have improved.

For example, you could show the council a proposal for paying off your rent arrears.