Eviction of housing association tenants
If you are a tenant of a housing association and threatened with eviction for any reason, 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.
Call Shelter Cymru’s expert housing advice helpline on 0345 075 5005. You could also email our housing advice team, or, if you prefer, visit advice near you to find a local Shelter Cymru advice surgery where you can talk to someone in person. You may be able to get legal aid so that a Shelter Cymru adviser can come to court with you.
The steps involved in eviction
To evict you from a tenancy, the housing association must take 3 steps:
- send you notice to leave
- apply to the court for a possession order
- 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 0345 075 5005.
Phone an adviser
If you have a housing problem, call our expert housing advice helpline
0345 075 5005
Email an adviser
If you have a non-urgent problem and would like to speak to an advisor
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
Whether the housing association needs to prove legal reasons (known as grounds) to evict you depends on the type of tenancy you have
Eviction by bailiffs
If you haven’t left by the date the court ordered you to leave, your housing association can arrange for a bailiff to evict you. Bailiffs are employed by the court
This page was last updated on: February 1, 2018
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.
