Reasons for eviction from a council tenancy
This page is for council tenants with a secure or flexible tenancy.
There are other rules for introductory tenants.
The council can only evict you from your home if they give evidence of a reason in court.
The reasons are called grounds for possession.
The council might also have to offer you suitable housing to move into.
The council must follow these rules to end your:
secure tenancy
flexible tenancy before the fixed term ends
There's another process if the council does not want to renew your flexible tenancy.
Rent arrears
Not paying the rent is the main reason for eviction from a council tenancy.
The council can try to end your tenancy if you:
owe lots of rent
often do not pay rent or service charges on time
The council should try to sort things out with you before going to court.
They should:
write to you about the money you owe
try to agree a plan for you to pay the money back
help you with your universal credit or housing benefit
offer other support if you need it
The court can:
let you stay in your home even if you owe rent
order you to pay back the money over time
Always try to do what a court order tells you.
The council could ask bailiffs to evict you if you do not.
Find out where to get help with rent and bills.
Antisocial behaviour
You could be evicted for antisocial or criminal behaviour.
For example, if you, your family or a visitor:
cause a nuisance in your neighbourhood
are violent towards your spouse or partner and they leave home as a result
use your home for illegal activities such as drug dealing
harass the council's staff or contractors
commit a criminal offence
The court can usually let you stay in your home if you make sure antisocial behaviour does not happen again.
The court cannot usually stop the eviction if the notice says they are seeking possession under section 83ZA, Housing Act 1985.
The council must show that you, your family or a visitor have:
been convicted of a serious offence
broken a criminal behaviour order
broken a court order in relation to serious noise nuisance
The council must write to you and say that you can ask for a review of the decision before they go to court.
Breaking your tenancy agreement
The council can take you to court if you break a term in your tenancy agreement.
For example if you:
pay your rent late
do not let people into your home for repairs and safety checks
Check your tenancy agreement to see what your rights and responsibilities are.
The court can let you stay in your home even you break your tenancy agreement.
Make sure you do what the court says. For example, let people into your home if they need to do repairs. You could be evicted if you do not.
Being asked to downsize after a tenant's death
The council might offer you a smaller home if they say you have more bedrooms than you need.
Councils sometimes call this 'under occupying'.
There are some situations where the council can make you move.
You do not need disability adaptions
The council could try to evict you if all these things are true:
your home has been designed or adapted for someone who is physically disabled
no one living in your home needs these adaptions
the council need your home for someone who is physically disabled
The council should not use this reason if your home only has small adaptions, such as a ground floor toilet.
The council must offer you a suitable council or housing association tenancy if they want you to move out of an adapted property. What's suitable depends on your housing needs.
The court will only order you to move if there is a home for you to move to.
Not telling the truth on your application
You could be evicted if you said something that was not true when you applied to join the housing register.
For example, if you said you were homeless when you had somewhere to stay.
Demolition or major repairs
The court has to agree to evict you if the council shows that they:
plan to demolish or rebuild your home
need to do major repairs that cannot be done while you live there
The council must offer you another suitable property.
You could get a home loss payment.
You make your home overcrowded
The court has to agree to evict you if you make your home overcrowded by law.
For example, if you took in lodgers but there are not enough rooms.
The council cannot evict you if you are overcrowded because you have a large family.
You should apply for a transfer to a larger home.
You do not live in your home
The council can end your tenancy if you move out permanently.
You can sometimes stop the eviction if you move back in before the council's notice ends.
Always let the council know if you have to stay somewhere else for a short time. For example, because of work or a family emergency.
Last updated: 14 March 2024
