Facing eviction from your council house can be stressful and overwhelming. If you’ve received an eviction notice, understanding why it has happened, what steps to take next, and how the council can assist you is vital. In this guide, we explain eviction criteria, outline the process, and discuss if the council can rehouse you after eviction.
Can you get evicted by a housing association or council?
Yes, both housing associations and councils have the legal right to evict tenants under specific circumstances. However, they must follow strict legal procedures to do so, including issuing proper notices and obtaining a court order.
The steps both need to take depend on your tenancy type. There are two main types of tenancies related to council houses:
Introductory tenancies: These usually last 12 months and are a trial period for new council tenants. It’s easier for councils to evict tenants with this type of agreement.
Secure tenancies: Long-term council tenants typically have secure tenancy agreements. While it is harder to evict secure tenants, it is still possible if the tenant breaches certain terms.
Reasons for being evicted from a council house
Eviction can't happen without due cause. Some of the most common reasons for eviction from a council house include:
Rent arrears
Falling behind on rent is the most common reason for eviction. Councils and housing associations may evict tenants who fail to pay rent on time or accumulate significant arrears.
Anti-social behaviour
Disruptive or criminal behaviour that impacts neighbours or the local community can lead to eviction. This includes:
Noise complaints
Illegal activities (e.g. drug use or dealing)
Harassment or intimidation of neighbours
Breach of tenancy agreement
The council may pursue eviction if you breach the terms of your tenancy agreement. This could be the case if you sublet your property without permission for instance.
Property damage
Serious damage to your property can be grounds for eviction. This is true whether the damage is intentional or through neglect.
False information
The council can take steps to evict if you provide false information to secure a tenancy (e.g., being dishonest about income or household members).
Under-occupancy
if the council judges that your house is too large for your needs (e.g., children have moved out), you may be asked to move to a smaller property.
What happens if you get evicted from a council home?
If you are evicted from a council home, the process involves several legal steps. Eviction is not immediate - it follows a strict procedure to ensure fairness and give you opportunities to address the issues causing the eviction. Here's a detailed breakdown of what happens:
1. Notice of Seeking Possession
The eviction process begins with the council or housing association serving you a formal notice. This is called a Notice of Seeking Possession (NOSP), and it outlines:
The reasons for the eviction (e.g. rent arrears, anti-social behaviour, or a breach of the tenancy agreement).
What you can do to resolve the situation (e.g. paying arrears or stopping problematic behaviour).
The timescale for you to act (usually 28 days).
This notice gives you the chance to take action before further legal steps are taken. If you address the issue - such as repaying some or all of your rent arrears - eviction proceedings may be stopped.
2. Court hearing
If you fail to resolve the issues outlined in the notice, the council can apply to the court for a possession order. You'll receive a letter telling you when the court hearing will take place.
At the hearing, you have the right to attend, explain your situation and present evidence in your defence. For example, if you are struggling financially, you can show the effort you’ve made to pay rent arrears or proof that you’ve applied for financial support.
The court will consider both sides before making a decision. There are two main outcomes:
Suspended Possession Order: You can remain in the property if you agree to specific conditions, such as paying rent arrears in installments or stopping anti-social behaviour. If you breach these conditions, the council can enforce eviction.
Outright Possession Order: If the court decides in the council's favour, you will be given a date to leave the property (usually 14 to 28 days).
If you disagree with the court's decision, you may be able to appeal, but you must act quickly and seek legal advice.
3. Possession order enforcement by bailiffs
If you do not leave the property by the date specified in the possession order, the council can ask the court for a Warrant of Possession. This allows bailiffs to enforce the eviction.
Bailiff notice: You will receive at least 14 days' notice of the bailiff's visit. This gives you one final chance to vacate the property voluntarily.
Bailiff enforcement: If you refuse to leave, bailiffs will arrive on the specified date to remove you and your belongings from the property. You must leave immediately.
Cost implications: You may also have to pay additional court and bailiff fees, which can add to any outstanding rent arrears.
4. After eviction: Finding alternative housing
Being evicted can be extremely challenging. Whether or not the council will help you depends on your circumstances:
Intentional homelessness: If the council decides that your eviction was your fault (e.g. failing to pay rent when you had the means to do so), they may refuse you housing assistance.
Unintentional homelessness: If the council judges that you became homeless through no fault of your own (e.g. job loss or unavoidable financial hardship), they have to assist you.
You should contact the council’s housing department as soon as possible after receiving an eviction notice. They can help in several ways:
Placing you in temporary accommodation, such as a hostel or bed and breakfast.
Providing support to help you access private rental housing, often through schemes like rent deposit guarantees.
Adding you to the housing register for social housing, though waiting lists can be long.
You can also seek help from housing charities like Shelter or Citizens Advice. They can provide guidance, support, and access to resources to help you secure new housing.
Summary of what happens during eviction
Here’s a quick recap of the eviction process:
Notice of Seeking Possession: Formal notice explaining the reasons for eviction and giving you time to resolve the issues.
Court hearing: A judge decides whether to issue a possession order. You can present your case.
Possession order: The court sets a date for you to leave the property.
Bailiff enforcement: If you don’t leave voluntarily, bailiffs will enforce the eviction and remove you from the property.
After eviction: The council considers whether you became intentionally homeless when assessing whether to provide housing support.
If you’re facing eviction, don’t wait until it’s too late - seek support and advice as soon as possible. There are resources available to help you resolve the situation and access housing options.
Will the council rehouse you after an eviction?
Many people wonder, “Will the council rehome me if I get evicted?” The answer depends on the circumstances of your eviction.
Intentional homelessness: If the council determines you are intentionally homeless, they are not legally obligated to rehouse you. This usually applies if you: were evicted for rent arrears and had the means to pay or were evicted for anti-social behaviour or property damage.
Unintentional homelessness: If the council decides you are homeless and it's not your fault (e.g. losing your job and being unable to pay rent), they must help.
Temporary accommodation
If you qualify for housing support, the council may initially place you in temporary accommodation. You may be placed in a hostel or bed and breakfast while they assess your situation.
Long-term rehousing
You may qualify for permanent social housing or support in finding a private rental property when your case is reviewed.
How else can the council help you?
If you’re at risk of eviction, contact your local council as soon as possible. They can offer various forms of assistance to help prevent eviction or support you through the process.
Rent arrears support: The council may help you set up a repayment plan or access financial support. You could be offered housing benefits or discretionary housing payments.
Mediation services: Councils can enable communication between tenants and landlords to resolve issues. They can help with anti-social behaviour complaints and late rent payments.
Homelessness prevention: Local authorities can provide advice and support to prevent eviction. They can help you by negotiating with landlords or finding alternative housing solutions.
The earlier you reach out for help, the more options you’ll have to resolve the situation and avoid losing your home.
What happens if you don’t leave?
If you refuse to leave the property after a possession order has been issued, the council can take further legal action to enforce the eviction.
Bailiff enforcement: The council will apply for a warrant of possession, and bailiffs will visit the property to remove you. You will receive at least 14 days’ notice of the bailiff’s visit.
Additional costs: You may be responsible for court fees, bailiff costs, and any rent arrears or damage to the property.
Forced removal: Bailiffs have the legal authority to remove you and your belongings from the property.
Refusing to leave can make it harder to secure future housing, as in some cases it may be viewed as an act of intentional homelessness.
Final thoughts
Eviction from a council house is a challenging and stressful experience. But, understanding your rights and the process can help you take the right steps. Eviction doesn’t happen overnight, and you’ll have opportunities to resolve issues, such as rent arrears or breaches of your tenancy agreement.
If you’re at risk of eviction, seek help as soon as possible. Contact your local council, consult a landlord solicitor, or reach out to charities and support services for advice. Acting early can prevent eviction and help you secure alternative housing if needed.
References
What happens if a council or housing association evict you? from Shelter
Council and housing association evictions from Gov.uk
Disclaimer: This article only provides general information and does not constitute professional advice. When in doubt, consult a qualified legal professional for help.