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Eviction of housing association tenants

If you are a tenant of a housing association and threatened with eviction, speak to an adviser immediately. Whatever type of tenancy you have, a housing association should only evict its tenants as a last resort.

Even if the bailiffs are on the way, it’s never too late to get help.

CORONAVIRUS UPDATE

The government has brought in emergency laws which mean that:

  1. Most tenants who get an eviction notice between 26 March 2020 and 30 September 2020 are entitled to 3 months’ notice before their landlord can apply to court
  2. All court proceedings for eviction are on hold until at least the 23 August 2020.
  • These new laws apply to secure, assured, assured shorthold, starter and demoted housing association tenancies
  • If you have received a section 21 or a section 8 notice from your landlord you should stay in your home. Evictions take time and you don’t have to leave at the end of your notice under current law
  • If your landlord has already applied to the court then your case will be put off until after the 23 August 2020. The court will tell you when any new hearing is, but this may take some time. If you are worried, ring your court to find out what has happened with your case
  • You should still pay your rent during any notice period or while you are waiting for a court hearing.

See Gov.Wales for the current Welsh Government advice.

See Public Health Wales for up to date health advice.

The steps involved in eviction

To evict you from a tenancy, the housing association must take 3 steps:

  1. send you notice to leave
  2. apply to the court for a possession order
  3. ask the court to send bailiffs to evict you.

Before starting court action to evict you, the housing association must follow the rules set out in a special pre-action protocol.

The rules on eviction are different depending on what type of tenancy you have. Most housing association tenants have assured tenancies, but you could also have a secure, assured shorthold (starter) or demoted tenancy. Ask your housing association if you are not sure what type of tenant you are.

Can I defend the possession claim?

If you believe that:

  • the housing association is wrong in what they say either in the notice, or in the court papers, or
  • the notice does not comply with the rules, or
  • the housing association has not followed the pre-action protocol, or
  • that in all the circumstances it would not be reasonable for you to be evicted,

you may have grounds to defend the claim. This will depend on what type of tenancy you have and you should get advice immediately from an adviser.

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 08000 495 495.

Phone an adviser

If you have a housing problem, call our expert housing advice helpline
08000 495 495

Email an adviser

If you have a non-urgent problem and would like to speak to an adviser
email us

Pre-action eviction rules

Before starting court action to evict you, the housing association must follow the rules set out in a special pre-action protocol.

Notice of eviction

The first step a housing association must take to evict you is to give you a written notice.

Court orders

If you haven’t left by the time the notice expires, your housing association will usually have to apply for an order from the county court telling you to leave. This is known as a possession order.

Grounds for eviction

The housing association might have to prove legal reasons (known as grounds) to evict you.

This page was last updated on: June 9, 2020

Shelter Cymru acknowledges the support of Shelter in allowing us to adapt their content. The information contained on this site is updated and maintained by Shelter Cymru and only gives general guidance on the law in Wales. It should not be regarded or relied upon as a complete or authoritative statement of the law.

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