Introductory tenants can be evicted much more easily than secure tenants. The council doesn’t have to prove a legal reason in court but they have to follow the correct procedure. The most common reasons they might try to evict you include:
- if you have caused nuisance to neighbours
- if you haven’t paid the rent, or you have paid it late on a regular basis
- if you move out of your home and rent it to someone else.
The council has to give you written notice that they are going to ask the court to evict you. The notice must:
- give you at least 4 weeks notice
- tell you the reasons why they have decided to ask the court to evict you
- tell you that you have a right to request a review of their decision within the next 14 days
- explain that you can obtain help or advice from a Citizens’ Advice Bureau, housing aid or law centre, or a solicitor.
Get advice immediately if you receive this notice. You must ask the council to review their decision within 14 days of receiving the notice – if you do nothing there’s a serious risk that you will lose your home. An adviser may be able to help you convince the council that you shouldn’t be evicted and can check whether there is any way you can put things right, such as claiming benefits or settling a neighbour dispute.
If the case goes to court, provided the council has followed the correct procedure, the judge is very likely to evict you. In very limited circumstances, you may be able to argue before the court that the decision of the council to evict you was unlawful or that your eviction would not be proportionate. This is however a developing area of law and you will need to seek advice from an experienced adviser before raising such an argument.
See our pages on eviction of council tenants for more information.