Eviction of council tenants
As a council tenant you generally have the right to stay in your home, providing you don’t break the rules of your tenancy. The procedure the council must follow will depend on the type of tenancy you have.
If you are threatened with eviction for any reason, get advice straightaway. Even if the bailiffs are on the way, it’s never too late to get help, but you need to act quickly. Call Shelter Cymru’s expert housing advice helpline on 0345 075 5005 or email an adviser. You may be able to get legal aid so that a Shelter Cymru adviser can come to court with you.
Pre-action eviction rules
Notice of eviction
If you are an introductory or demoted tenant, the notice should set out your right to ask for a review of the council’s decision to end your tenancy – this is an internal appeal to the council where it considers your circumstances. You must ask for a review of the council’s decision within 14 days.
If you live in temporary accommodation, supported housing or a hostel, the council has simply to serve you with a notice if it wants you to leave.
If you haven’t left by the time the notice expires, the council will usually have to apply for an order from the county court telling you to leave. This is known as a possession order. Most tenants are entitled to stay in their accommodation until a possession order takes effect.
If you have a secure tenancy, the council must prove it has reasons for deciding to evict you (known as grounds) to the court. In some cases the council will not need to make an application to the court.
Can I defend the possession claim?
If you disagree with what the council say either in the notice, or in the court papers, or you believe that in all the circumstances it would not be reasonable for you to be evicted, you may have grounds to defend the council’s claim, and you should get advice immediately.
We are sorry that we cannot provide this information in Welsh, however if you would like to speak to an adviser in Welsh please contact 0345 075 5005.
Before starting court action to evict you, the council must follow the rules set out in a special pre-action protocol.