Housing - Evictions

Council Housing Evictions

The Council will try to make sure your stay in your home, and only use evictions as a last resort. However, if you fail to pay rent, or break the conditions of your tenancy agreement, the Council may seek eviction by applying to the courts to repossess the property.

The Council may have grounds for eviction if:
• You have rent arrears.
• You break a term of your tenancy agreement.
• You (or people who live with you) cause nuisance or annoyance in your home or in the neighbourhood.
• You use your home for illegal activities.
• You are violent towards your spouse, civil partner or partner, and s/he leaves as a result.

If the Council wants to seek eviction, they must first give notice. If the matter is not resolved the Council will apply for a possession order from the court.

The Notice
Before the Council can apply to court to evict you, it has to give you a warning notice. This is called notice seeking possession, which sets out the reasons for the eviction. This notice is usually valid for 12 months.

The Council will normally give you at least four weeks’ notice before it can apply to the court for a possession hearing. The only exceptions are in cases involving anti-social behaviour or domestic violence. In these cases there is no minimum period before applying to the courts.

If you are issued with a notice, you should seek legal advise immediately, e.g. from Citizens Advice Bureau. It is also important to respond to the notice. The quicker you respond to the eviction notice, the more likely you are to keep your home.

The Possession Order
If you haven’t left by the time the notice expires, the Council will usually have to apply for an order from the court telling you to leave. This is known as a possession order.

Try to get advice before the court hearing. If you cannot get an adviser before the hearing, try to attend the court yourself. The judge will give you an opportunity to explain your circumstance in relation to the possession action against you. There is normally a ‘duty adviser’ at Edmonton County Court who may be able to help you on the day.

Most tenants are entitled to stay in their accommodation until a possession order takes affect, after which you will need to vacate. If you do leave, bailiffs may be arranged to remove you.

Even if the court makes an outright possession order and bailiffs are asked to remove you, it may still be possible to stop or delay the eviction. Bailiffs can physically remove you and your belongings from the property, but they must not use violence or unreasonable force in doing so. It is never too late to seek advice, so get in contact with an adviser immediately.

Eligibility
None.

Required Customer Information
None.

Service Level Agreement and Turnaround
The management of this service has been transferred to Enfield Homes as of April 2008. Enfield Homes is an Arms Length Management Organisation (ALMO), owned and monitored by the Council, providing services for Enfield council tenants and leaseholders.

More information about this service

Contact Us

Frequently asked questions

Address:
Edmonton Centre,
1st Floor,
36-44 South Mall,
Edmonton Green,
N9 0TN
Map

Telephone:
0800 40 80 160

Opening Hours:
Monday – Friday:
8:30am to 5:00pm

Useful Links

Enfield Law Centre

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