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Housing

Will the council rehouse me if I get evicted?

Here's what you need to know if you're worried about being rehoused after being evicted from a council home

a block of council flats

A short supply of council housing can make it tricky to get rehoused quickly. Image: Unsplash

Facing eviction during the UK’s housing crisis is a stressful enough experience, but if you live in a council house it can be particularly overwhelming. The UK’s local authorities play a key role in helping people at risk of homelessness, but the process and level of support available can vary depending on the reason for eviction and where you live. 

Can a housing association or council evict you?

Both housing associations and local councils can evict tenants, though the process must follow certain legal steps. Evictions from housing associations or council homes tend to happen via a section 8 notice when someone has breached the terms of their tenancy agreement, which could include anti-social behaviour, damaging the property beyond wear and tear or not paying rent. 

Housing associations operate similarly to private landlords – with a focus on providing affordable housing – but they generally have stricter responsibilities. Like councils, they’re bound by the law when it comes to eviction. In most cases, an eviction can only happen if a court has granted a possession order, and this is usually after the tenant has been given an opportunity to put right any breaches of their tenancy agreement.

It’s important to note that being evicted by a housing association or council doesn’t necessarily mean you’ll be left without support. Depending on the circumstances, you might be entitled to help from your local authority to prevent homelessness or find new housing, but some grounds for eviction also mean the council doesn’t have to offer you another home.

Reasons for being evicted from council housing

Failure to keep up with rent payments is one of the most common reasons for people to be evicted from a council house. If you fall behind on rent, your landlord should work with you to come up with a payment plan. But if the arrears continue they might decide to evict you. Local authorities or housing associations will try to offer support to help you manage your debt before taking legal action, but you should contact expert organisations like StepChange or Citizens Advice if you’re struggling.

If you or someone in your household is involved in persistent anti-social behaviour, this could be grounds for eviction. This includes things like excessive noise, drug use, harassment of neighbours or crime.

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When you take on a lease, you sign a tenancy agreement which sets out the terms you have to stick to while living in the property. That might mean you agree to keep the home in good shape, for example. If you breach these terms – maybe you sublet a room in the home without permission, or you let your place fall into poor condition – the council could take steps to evict you, but they should exhaust all other options first.

What happens if you get evicted from a council house?

The council or housing association must give you a written notice which explains the reason for the eviction and gives you a set amount of time to leave the home – or to contest the decision in court.

In most cases you should be given the chance to resolve the issue that led to the eviction notice, such as by paying off rent arrears or agreeing to improve your behaviour. If that doesn’t fix the problem then the landlord will apply to the court for a possession order, which could eventually lead to your eviction.

Once the possession order has been granted, the tenant is given a date by which they have to leave the property. If they haven’t moved out by this date, the council or housing association can apply for bailiffs to remove the tenant.

Eviction can and does result in homelessness for some people. But councils have a legal duty to help certain people who are at risk of becoming homeless, which is where the concept of priority need comes into play.

Will the council rehouse you if you get evicted?

Whether or not the council will rehouse you if you are evicted varies depending on a few factors – mainly the reason you were evicted and your own circumstances. 

In England and Wales local councils have a duty to help people who are either homeless or at risk of becoming homeless within 56 days. If you are evicted from a council house or housing association property, the council is legally required to assess your situation and provide help, but this doesn’t mean they have to rehouse you immediately or at all.

The council is more likely to offer you a new house if you’re considered to be in priority need. This includes but isn’t limited to families with children, pregnant women, disabled people and those with severe health conditions. In these cases the council has to offer temporary accommodation while they help you find a permanent home.

If the council decides that you are “intentionally homeless”, meaning that – from their perspective – your actions directly led to your eviction, they might be less willing to rehouse you. If you were evicted due to rent arrears that you could have avoided, or for anti-social behaviour, the council might argue that you are intentionally homeless. They may still offer you temporary accommodation but it could be more difficult for you to get long-term housing assistance.

The availability (or lack thereof) of housing in your local area is another factor. Councils are under pressure to manage long waiting lists for social housing, with too few houses to meet demand, and this can affect how quickly they rehouse people who have been evicted. In some cases you might be offered temporary accommodation far from your previous home or placed on a waiting list. Alternatively, they might explore other options like helping you into a privately rented property or moving you into supporting housing if you have specific needs.

“Rather than sinking billions into temporary solutions every year, the government must invest in genuinely affordable social homes and support councils so they can start building them,” said Polly Neate, chief executive for Shelter

“Building 90,000 social homes a year for ten years would not only end homelessness, they would relieve the pressure on private renting and pay for themselves through generating new jobs and creating savings for the NHS and benefits bill.”

Before or during the eviction process, councils often offer support and mediation services to help tenants avoid homelessness. If you’re facing eviction due to rent arrears, for example, the council might work with you to create a repayment plan or offer financial help. They might suggest mediation or other interventions to resolve conflicts in cases of anti-social behaviour.

The process of rehousing is slightly different in Scotland. The priority need test was abolished in Scottish housing law, meaning that councils have a duty to rehouse anyone who is homeless regardless of whether they have children or are considered vulnerable.

Do you have a story to tell or opinions to share about this? Get in touch and tell us moreBig Issue exists to give homeless and marginalised people the opportunity to earn an income. To support our work buy a copy of the magazine or get the app from the App Store or Google Play.

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