The Eviction Process

Most tenants can only be evicted in certain circumstances. Landlords also have to follow specific legal procedures before tenants can be evicted. These usually start when your landlord gives you Notice in writing that you will have to leave. You can negotiate with your landlord at this point , (consult the Housing Advice Service for help with this).

The landlord has to give reasons why you are being evicted; they may include, for example, showing that the Tenancy Agreement (Assured Shorthold Tenants) has ended, or that there is unpaid rent.

If you are an assured or secure (council) tenant your landlord must give either one month, two months or 14 days' Notice depending on the reason you are being evicted.

If you owe rent to your landlord it is likely you can be evicted regardless of your type of tenancy. But even if you have rent arrears the landlord still has to follow legal procedures before you can be evicted. This usually involves giving you written Notice then applying for a Court Order, once the Notice expires.

If you are an Assured or a Secure tenant and your landlord wants to evict you for these reasons the Court will only make a Possession Order if it is reasonable to do so. You will have the chance to put your side of the story to the Court.

Most landlords need to get a Possession Order from the Court before a tenant can be evicted. There are several different types of Court Orders. Your landlord has to get permission from the Court before he or she can evict you. This is called 'applying for possession'. If the Court gives your landlord a Possession Order this ends your legal right to live there. It also gives them the right to evict you. At Court you can argue your case and often it is possible to negotiate and ask the judge to let you pay off your arrears in instalments or offer to make assurances to stop any offensive behaviour, and avoid being evicted.

Sometimes the Court delays making an Order. or it may decide not to make an Order. This could be because the landlord has not followed the proper legal process. With some types of tenancy, if the Court thinks that eviction is too harsh, they can suspend an Order on terms (Suspended Possession Order), for example if you agree a payment plan to settle your arrears or agree to stop any offensive behaviour.

If the Court agrees with your landlord, it will make an Order giving you a short time before you have to leave. This is usually between 14 and 28 days. If you don't leave, the landlord can ask for a warrant (of execution) and the Court Bailiffs will be able to evict you.

The Court may side with you against the landlord and not make an Order at all.

Grounds for Possession for Tenants of Assured Tenancies

Before any action can be taken to obtain a Possession Order from the Court, the Landlord must serve a Notice of Intention to seek possession. How much Notice needs to be given will depend on which ground the Landlord uses as a reason for getting a Possession Order. (See below for grounds).

For grounds 1, 2, 5, 6, 7, 9 and 16 the Landlord must give two months Notice.

For grounds 3, 4, 8, 10, 11, 12, 13, 14, 14A, 15 and 17 the Landlord must give two weeks Notice.

Notice must be given on a special form, which must tell the tenants certain things about their rights (Section 8 Notice). Proceedings must start within 12 months of service of the Notice otherwise a new Notice must be served.

Ground 1. Landlord(s) requires the property back in Order to live in it. This ground can only be used if before the tenancy the Landlord had lived in the property as his / her main home and before or at the time the tenancy begins the Landlord gave the tenant Notice that they might eventually want possession for this reason. (The Court can sometimes allow the Landlord possession under this ground even if no Notice has been given).

The Court has to look at all the circumstances, including hardship to the tenant or Landlord before deciding whether to make an Order.

Ground 2. The property is subject to a mortgage and the mortgagees are repossessing the property to enforce the charge. Written Notice should be given before or at the time the tenancy begins that possession may be required under this ground. (The Court can sometimes allow possession under this ground even if no Notice is given).

Ground 3. The tenancy is for a fixed period of not more than eight months and the property is occupied as a holiday let and at least twelve months before the tenancy started it had been used as a holiday let. Written Notice must be given either before or at the time the tenancy begins that possession might be required under this ground.

Ground 4. The tenancy is for a fixed period of not more than twelve months and has been let by an educational establishment/institution (e.g. university, colleges etc.) and possession is required. Written Notice must be given on or before the tenancy begins that possession might be required on this ground.

Ground 5. The property is used as a home for a Minister of Religion and is needed for another Minister of Religion. Written Notice must have been given at the time or before the tenancy begins that possession might be required under this ground.

Ground 6. The Landlord intends to demolish or reconstruct the whole or part of the property or carry out major works to all or part of it and the works cannot be carried out if the tenant is there (e.g. because the tenant will not agree to give access or agree to be restricted to living in part of the property whilst works are carried out on the other part). The Landlord must pay the tenants reasonable removal expenses if  Possession is granted under this ground.

Ground 7. Where the previous tenant has died and the new tenant is not entitled to "succeed" to the tenancy and the tenancy is a periodic tenancy which has passed to the new tenant on death or under a Will. The Landlord must bring proceedings within twelve months of the death of the tenant or twelve months of the date the Landlord became aware of the tenant's death.

Ground 8. Rent is unpaid at the time of service of Notice seeking possession and at the time of the hearing for a Possession Order;

1. In the case of rent paid weekly or fortnightly at least eight week’s rent is owing.
2. In the case of rent paid monthly at least two month’s rent is owing.
3. In the case of rent paid quarterly at least one quarter’s rent is more than three months over due.
4. In the case of rent paid yearly at least three month’s rent is more than three months over due.

Two months rent arrears will normally give the Landlord an automatic right to a Possession Order.

Ground 9. That there will be suitable alternative accommodation available for the tenant if a Possession Order is made. The Landlord must pay the tenant's reasonable removal expenses if a Possession Order is made. A tenant can oppose a Possession Order on this ground if the alternative accommodation is not suitable.

Ground 10. Rent which is lawfully due from the tenant has not been paid by the time the possession proceedings are started and was owed at the time the Notice Seeking Possession was served. If a tenant has been offering the Landlord rent and the Landlord refused to take it, the tenant will have a defence to the possession proceedings but must pay the amount owed in to Court.

Ground 11. The tenant has repeatedly failed to pay rent on time. There need not be rent arrears at the time possession proceedings are started.

Ground 12. The tenant has breached their part of the Tenancy Agreement.

Ground 13. The tenant, or anyone living with him/her have allowed the property or parts of it (including common parts) to deteriorate. If the deterioration has been caused by someone living with the tenant, and the tenant has failed to get rid of that person then a Possession Order may be made.

Ground 14. The tenant or a person living with him/her or visiting him/her has caused or is likely to cause a nuisance or annoyance to neighbours or their neighbours, guests or visitors to the area. Or the tenant has been convicted of using the property for immoral or illegal purposes or has been convicted for an arrestable offence committed in the area.

Ground 14a . A married couple or common law couples live in the property and one of them is the tenant of the property and one of them has left the property because of violence or threats of violence from the other partner or a member of that partner's family who is also living in the property. The Landlord must be a Housing Association/Trust etc. (but not a Private Landlord) to be able to use this ground. The Court also has to be satisfied that the partner who has left the property is unlikely to return. Also the partner who has left must be served with a Notice Seeking Possession so they know about the possession proceedings.

Ground 15. Furniture at the property has deteriorated because the tenant or someone living with the tenant has not looked after the furniture. If the damage has been caused by someone living with the tenant and the tenant has not taken steps to get rid of that person then a Possession Order may be made against the tenant.

Ground 16. The property was let to the tenant as part of his/her employment with the Landlord and the tenant is no longer employed by the Landlord and the property is needed for another employee.

Ground 17. The tenant or one of the tenants, or person acting on the instruction of the tenant has given false information to the Landlord which has made the Landlord grant the tenancy.

Grounds for Possession for Council (Secure) Tenants

If you are a Secure Tenant of a Council, whether your tenancy is permanent or temporary, your landlord must get a Court Order to evict you.

If you have a permanent tenancy (i.e. you are a Secure Tenant) then before going to Court your landlord will need to send to you a written Notice to say that they intend to go to Court to get a Possession Order and why. This Notice is called a "Notice of Intention to Seek Possession" and must be written in a certain way, and give you 4 weeks Notice.

Your landlord must have a reason for trying to get you out of the property. The law says that if you are a secure tenant there are certain reasons (grounds) which may entitle your landlord to get a Possession Order. If your landlord cannot show any of these grounds (see below) they will not be entitled to a Possession Order to evict you. If you have a temporary tenancy or licence only or you are not a tenant at all then it is not necessary for any particular ground to be shown.

Ground 1. You have not paid the rent which is properly due from you and it is reasonable for the Court to make a Possession Order. If you can show, for example, the rent arrears are due to late Housing Benefit payments which will be paid eventually, then your landlord will probably not be entitled to a Possession Order. If by the time the case reaches Court all the arrears have been paid by you then again your landlord will not get an Order under this ground. Also your landlord can use this ground if you have broken a condition of your tenancy.

Ground 2. You or someone living with you has been causing nuisance or annoyance to any of your neighbours or anyone else visiting the area. However, your landlord has to show it is reasonable for the Court to make a Possession Order. Also, your landlord can apply for possession if your behaviour is illegal, or amounts to an arrestable offence, or if you have used the property for "immoral or illegal purposes", such as drug dealing. Again this is subject to the reasonableness test. In addition, if you were living in the property with your partner and your partner left because of your violence or threats of violence and it is unlikely your partner will be coming back, your landlord may be able to obtain a Possession Order against you.  They have to give written Notice however, not only to you, but also to your partner before they can start Court proceedings.

Ground 3. You or someone living with you has allowed the property to fall into a bad state of disrepair. If it is the fault of someone living with you and you have not taken steps to get them out of the property then your tenancy could be at risk. Your landlord has to show it is reasonable for the Court to make a Possession Order.

Ground 4. You or someone living with you have not taken care of furniture which your landlord provided for the property. Your landlord must show it is reasonable for an Order to be made.

Ground 5. You or a joint tenant obtained your tenancy by giving false statements, deliberately or without caring if the statements were true. If your landlord can show they would not have otherwise given you the tenancy they may be able to get a Possession Order. Your landlord must show it is reasonable for a Possession Order to be made.

Ground 6. You exchanged your property for another council tenant's property and money was paid, your landlord may get possession. Even if the exchange was made with a member of your family who was previously the tenant. Your landlord must show it is reasonable to make a Possession Order.

Ground 7. Your property forms part of a building which is used mainly for other purposes other than housing and the property was let to you (or someone who held the tenancy before you) as part of their employment with one of the following:

1. A Local Authority
2. New Town Corporation
3. Urban Development Corporation
4. Development Board for rural Wales
5. Governors of an aided school

AND

You or a person living with you have acted in a way which conflicts with the purpose for which the building is used and no longer makes it suitable for you to continue to live in the property. For example, if you were a school caretaker and you were provided with a property in the grounds of the school and you were found to have stolen from the school. Your landlord (who would also be your employer) could get a Possession Order under this ground. Your landlord must still show it is reasonable to evict you.

Ground 8. You moved into the property because works were being carried out on your previous property and you understood that you would have to return to that property when the works were finished. If you refuse to leave and return to your original property a Possession Order may be made against you. You can refuse to return if the works have not in fact been completed or you understood that you were being given the new property permanently. Your landlord must show it is reasonable to evict you.

Ground 9. If you are living in an overcrowded property which breaks the law, then your landlord may apply for a Possession Order. Your landlord however must offer you a suitable property elsewhere. You may be able to argue that your landlord should not get a Possession Order because they have not offered you another place to live or the place they have offered is not suitable.

Ground 10. Your landlord intends to demolish, reconstruct or carry out substantial work to the building or part of the building or land around the building in which you live and cannot do this while you are living there. If you agree to leave voluntarily then there is no reason for your landlord to get a Possession Order. Your landlord should offer you suitable accommodation elsewhere.

Ground 10a. The property is in an area which has a Redevelopment Scheme and the property or part of it is affected by that scheme. Your landlord can get possession if he / she offers you suitable alternative accommodation.

Ground 11. Your landlord is a Charity and if you carried on living in the property this would go against the principles or objects of the Charity. Your landlord however must offer you suitable alternative accommodation.

Ground 12. Your property forms part of a building or is connected to a building which is used for other purposes and you are employed by your landlord and your property was let to you as part of your employment (e.g. school caretaker). Your landlord can get possession if your employment has come to an end and your landlord needs the property for some other person who will be employed. To take advantage of this ground your landlord must be either a Local Authority, New Town Corporation, Urban Development Corporation, Development Board for rural Wales or Governors of an aided school. Your landlord must satisfy the Court that you will have other accommodation to go to and that it is reasonable to Order possession.

Ground 13. Where your property is specially adapted for the disabled and there is no longer a disabled person living there and your landlord needs the property for a disabled person then your landlord may get a Possession Order. Your landlord must convince the Court that there will be other suitable accommodation for you to go to and that it is reasonable for the Court to make a Possession Order.

Ground 14. Where your property was let to you by a Housing Association or Housing Trust because you had special housing needs and you no longer have these needs or you have been offered permanent accommodation elsewhere and your landlord needs the property for someone else with special housing needs. Your landlord will need to show there is other suitable accommodation you could go to and that it is reasonable for the Court to make a Possession Order.

Ground 15. If your property was let to you because you have special needs and there are special facilities based near the property to help you. Your landlord will only get possession if they show there is no longer anyone living in the property with special needs and the property is needed for someone else with special needs. Your landlord will need to show that other suitable accommodation is available to you and it would be reasonable for a Court to make a Possession Order.

Ground 16. In some cases if you "succeed" to the tenancy on the death of the previous tenant your landlord may be able to get a Possession Order if the property is too big for just you. But the landlord must have served Notice on you between the 6th and 12th month after the death of the previous tenant. Your landlord must still show there is other suitable accommodation for you to go to and that it would be reasonable for a Court to make a Possession Order.

If the tenancy was passed over to you before the tenant's death your landlord will not be able to use this ground. Also if you were married to the tenant who has died, or you succeeded to a Fixed Term tenancy the Council cannot use this ground.

Defending Possession Proceedings

The tenant may be able to delay possession proceedings if, for example:

1. The Court paperwork produced by the landlord is defective.
• The landlord has served the tenant with a Possession Notice which is not correct either because the information on it is incorrect or the wrong form has been used or the Notice has a ground for possession written on it and the landlord relies on a different ground at Court. Since the Housing Act 1996 came into force however, Courts now have a "discretion" to allow possession, even if the landlord did not serve a proper Notice of possession. So this argument may not always help the tenant.
• The landlord started Court proceedings earlier than they were allowed to by law.
• The tenant did not receive any Notice of possession from the landlord before they started proceedings. Remember the Court can decide to make a Possession Order even if the landlord did not serve the tenant with a Notice beforehand. The tenant may still however be able to argue that it would be unfair for him to be evicted without Notice.
2. Where the landlord is seeking arrears of rent the tenant may be able to avoid paying some or all of this if the landlord owes the tenant money. For example, the tenant has overpaid the rent previously and not received a refund. The tenant can counter-sue the landlord (this is called a Counterclaim). If the tenant wins their claim will be "set-off" against what they owe the landlord. This will not however save the tenant from a Possession Order.
3. The landlord has not proved the ground they are relying on.
4. A condition has not been satisfied. For example, the landlord has not shown it is reasonable for the Court to make a Possession Order in the case of grounds 9-17
5. The tenant should be given another chance and the Court proceedings should be put back to allow the tenant to comply with a part of their Tenancy Agreement that has been breached. For example, failure to pay rent. Or that the Possession Order should be "suspended" so that it only comes into effect if the tenant breaks a stated promise or agreement with their landlord.

A free guide is available for download in pdf format from the Communities and Local Government website. This gives an overview of the legal obligations on a landlord who wishes to bring a tenancy to an end. It covers different kinds of tenancies.

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