Your council or housing association must give you a legal notice if they want you to leave.

It's called a 'notice seeking possession'. It says:

• why your landlord wants to evict you

• when they can apply to court

The notice is the start of a legal process. Your landlord should not start court action if you can agree a repayment plan for the arrears. 

Keep talking to your landlord

Let them know if you are getting advice or debt support.

Pay as much rent as you can even if you cannot pay the full amount.

Get free legal advice and debt support

Anyone with rent arrears and a notice can get:

• free legal advice

• money advice and debt support

Ask a debt adviser about breathing space.

Breathing space is a scheme that could pause eviction while you get debt advice.

How much notice for rent arrears

Your notice says when court action could start.

You should get at least:

• 2 weeks' notice in an assured tenancy

• 4 weeks' notice in a secure tenancy

Your landlord has 1 year to start court action

For assured tenants this runs from when you get the notice.

For secure tenants this runs from the end of the notice period.

If your landlord does not start court action during the year, the notice is no longer valid.

Check your notice and the grounds used

Your landlord should use the right form on GOV.UK:

• assured tenancy notice - most housing association tenancies

• secure tenancy notice - most council tenancies and some old housing association tenancies

Or they could give you a letter with the same information.

Grounds for possession

These are the legal reasons for eviction. Check the grounds on the notice.

The grounds have numbers. Your landlord could use more than one ground.

Rent arrears is the most common reason for eviction but there are other grounds. For example, antisocial behaviour eviction grounds.

Rent arrears grounds

Housing associations can use these grounds for assured and assured shorthold tenants:

• ground 8 - if you owe at least 8 weeks' rent

• ground 10 - if you owe any rent at all

• ground 11 - if you keep paying rent late

Your housing association might use all these grounds on the notice.

Ground 1 is the rent arrears ground for secure tenants.

Ground 8 - housing association assured tenants

Ground 8 is different from other rent arrears grounds.

This is because the court cannot stop an eviction if you owe at least 8 weeks' rent both:   

• when you get the notice

• at the time of the hearing

Ground 8 rent arrears could include service charge arrears. Make sure you pay your service charge as well as the rent.

Grounds 10 and 11 - housing association assured tenants

Some housing associations do not use ground 8 even if you owe more than 8 weeks' rent. They could still use grounds 10 and 11.

The court could stop your eviction if your housing association:

• only uses grounds 10 and 11

• uses ground 8 but you owe less than 8 weeks by the hearing date

Ground 1 - secure tenants

Ground 1 is the rent arrears ground. It can also be used for other breaches of the tenancy. For example, non payment of a service charge.

Your council or housing association can use it if you owe any amount of rent.

The court could stop your eviction even if you owe rent. The landlord must show that it's reasonable to evict you.