If somebody breaks the terms and conditions of their tenancy agreement the council may ask the courts for permission to evict them. The most common reasons for seeking an eviction are when tenants don’t pay their rent or cause problems for their neighbours (antisocial behaviour)
If you are having problems paying your rent it is important that you speak to us as soon as possible. The longer you leave it the more money you are likely to owe and face possible legal action. By talking to us we may be able to offer advice or reach an agreement that may help you.
The council is responsible for deciding when an eviction can take place, and the ALMOs are responsible for carrying out the eviction. If you receive an eviction notice, you should seek independent legal advice from a solicitor or from your local Citizens' Advice Bureau. You need to contact your local ALMO to find out
- under what circumstances an eviction may be considered
- what the process involves
- what your legal rights are
Are families with children exempt from eviction?
The Court will not refuse to give us permission to go ahead with an eviction if children are living in the home. The Council or other registered social landlords generally have no obligation to re-house people evicted for not paying their rent.
What happens if I am evicted?
If you are evicted you will have to find alternative accommodation for yourself and anyone else who lives with you. The Court will tell you the date and time that the bailiff will arrive. A representative from the Council or your local ALMO will also be there. The locks to the house will be changed and any of your belongings that are still there will be cleared.
Can I stop the eviction?
Our business is to provide people with homes. If we can reach an agreement to reduce your rent arrears we may consider suspending the eviction notice. The earlier you take action or get advice the better. It is more difficult to make agreements at a late stage.
You may apply for the Warrant of Possession to be suspended. The court will then reconsider your case but may not agree to alter the decision.
Please remember, if you are having difficulties paying your rent:
- speak to a member of our staff, using the contact details on this page
- get advice, for example, from a Citizens' Advice Bureau; and
- Make regular payments, no matter how small they are.