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Evictions

We view eviction as a last resort and the process below will only be undertaken after we have exhausted all other reasonable possibilities.

If you break the terms of your Tenancy Agreement you may be evicted. This means your tenancy is ended by us and you have to leave your property. To seek an eviction we have to prove that you are indeed in breech of your tenancy. Such breeches are called 'grounds' and a few examples are listed below:

  • you have not paid the rent you owe
  • you, or visitors to your home, have been causing repeated nuisance to neighbours
  • you have committed acts of violence against another tenant, resident, member of staff or councillor
  • you, or visitors to your home, have been using the property illegally (such as drug dealing)
  • you didn't tell the truth about your circumstances when you first applied for the tenancy
  • the condition of the property has got worse because you have not looked after it
  • we want to carry out repairs on the property and need it to be empty to do so, but you refuse to move out

This process is slightly different depending whether you're on an introductory or secure tenancy. If you do not know what type of tenancy you are on, you can find this out on your Tenancy Agreement, or you can contact your neighbourhood officer.

1. Notice of proceedings

We will send you a Notice of Proceedings which lets you know that we plan to evict you and get the property back.

2. Your right to appeal

You have the right to request a review of our decision to evict you. You do this by completing the form that you received with the Notice of Proceedings; this must be returned to us within 14 days of the date on the Notice.

The form gives you a chance to tell your side of the story. For example, you may have had problems getting Housing Benefit through no fault of your own, leading to unpaid rent.

3. Hearing your appeal

A panel, made up of one or more senior Council officers, will hear and review your case. This panel is separate from the Council officer responsible for sending you the notice. This is so that your case is looked at independently.  The review is likely to take place between five to ten working days after we receive your form. You can choose to be at the review to put across your side of the story.

The panel will review the reasons why:

  • the Council wants to evict you
  • you think you should not be evicted

What happens next depends on the panel's decision.

What happens next depends on the panel's decision - the three options are as follows:

If the panel supports the eviction

If the panel decides that the decision to evict you is correct (or if you did not ask for a review), we will apply to the court for an eviction hearing.

If we have followed the correct procedure (such as giving you the chance to appeal) the judge can grant us a possession order. This means you will be given a date by which you have to move out of the property; this is usually a month later.

We do not normally have to offer you another Council home. However in certain situations we may offer temporary housing to give you a chance to find another property.

If the panel decides you should be given another chance

The panel may decide the decision to evict you is right but give you another chance or more time, such as more time to pay outstanding rent. This decision will delay applying to a court to get a possession order.

This lets us see if you can stick to your agreement. If you do not, it is very likely you will be evicted and lose your home.

If the panel decides evicting you is wrong

If the panel decides that the decision to evict you is not justified, the process ends and you will continue as an introductory tenant.

1. Notification of eviction

We will send you a Notice Seeking Possession, giving you the reasons we want to evict you. After this you are normally given at least four weeks' notice before we can apply to a court. We can apply to a court straight away if you are responsible for:

  • serious anti-social behaviour (such as drug-dealing from your property)
  • domestic violence

2. Applying for a Possession Order

If you do not move out before the notice period ends (or make no effort to contact us) we will apply to a court and will ask it to grant a Possession Order. Granting this Order will require a court hearing which you will be told about in writing. This hearing is usually held locally and you will need to attend if you want to contest the eviction. You should get advice before the hearing from a professional advisor, like a solicitor or the Citizens Advice Bureau. It may help you keep your home.

At the hearing the court will look at the evidence (letters we have sent you about your tenancy). You will also have the opportunity to tell your side of the story.

What happens next depends on whether the Possession Order is granted.

What happens next depends on whether the Possession Order is granted; the two options are as follows:

If a Possession Order is granted

If the court decides that our decision to evict you is right, it will grant a Possession Order and you will be given a date you must move out by. The court may also order you to pay any money that you owe us.

If the Possession Order is not granted

If the court decides that evicting you is not justified, the process ends and you will continue as a secure tenant.

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