Eviction from council housing

The Council will try to make sure you stay in your home, and only uses 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.

There are grounds for eviction when:

• You have rent arrears
• You break a term of your tenancy agreement
• You (or people who live with you or visit 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 applies 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 a notice seeking possession, which sets outs the reasons for the eviction. This notice is usually valid for 12 months.

The Council usually gives 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, no minimum period is required before applying to the courts.

If you are issued with a notice, you should seek legal advice 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.

Possession order

If you have not 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, make sure you attend the hearing yourself or let the court know why you cannot. The judge will give you an opportunity to explain your circumstances 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 effect, after which you will need to vacate. If you do not leave, bailiffs may be arranged to remove you.

Even if the court issues an outright possession order and bailiffs are asked to remove you, it may still be possible to stop or delay the eviction. It is never too late to seek advice, so get in contact with an adviser immediately.

Bailiffs can physically remove you and your belongings from the property, but they cannot use violence or unreasonable force in doing so.