Eviction of introductory council tenants

An introductory tenancy is a trial council tenancy.

The trial period usually lasts for 12 months. Sometimes it can be extended to 18 months.

You can be evicted during the trial period quite easily. For example, if:

• you owe rent and do not have a plan to repay arrears

• there is noise or antisocial behaviour in your home

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

They have to get an eviction order from the court.

Notice from your council

Your council must give you at least 4 weeks' notice if they want to apply for an eviction order.

This is called a section 128 notice.

The notice must tell you:

• why your council wants to evict you

• the earliest date that your council can apply to court

• that you have the right to ask for a review within 2 weeks

• where to get legal help or advice

Ask for a review

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

For example, if:

• you can pay back rent that you owe

• noise or antisocial behaviour has stopped

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:

• explain in writing why you should not be evicted

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

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

• let you stay

• ask the court for an order to make you leave

If the council apply for an eviction order

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.

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

Your court hearing

Check the letter from the court 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 court papers.

It is usually at your local county court.

What happens at your hearing

The court usually orders eviction if the notice is right and your council took the right steps.

The court should stop your eviction if the council:

• made a mistake with your eviction notice

• did not give you reasons or offer you a review

• 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.