Will the Council Rehouse Me if I Get Evicted?

Whether the council will rehouse you after eviction will depend on your specific situation. 

How you respond to the eviction notice and whether the council or housing association deems you a priority are also considerations to bear in mind.

In this post, the stop house repossession company Property Solvers runs through what to expect from the process and various rehousing options…

How Can The Council Help Me After Eviction from My House?

The threat of eviction from your house is a scary prospect, especially if you don’t know where to turn to…

However, it’s worth noting that the Housing Act 1996 and Homelessness Reduction Act 2017 states councils (local authorities) have a responsibility to find suitable housing for everyone.

The council will decide whether to help you based partly on a needs assessment. You may, for example, be able to access emergency housing or be rehoused after facing eviction.

If you’ve been evicted, it’s usually best not to leave the home immediately. This could mean you’ll be classed as “intentionally homeless” – making you eligible for less support from your local council or housing association.

On the other hand, once you make a homeless application with your local council, they have a duty to find alternative accommodation for you.

Immediately After Eviction

When you first get evicted, you may be able to access emergency housing if you’re eligible and legally homeless.

This could mean you get placed in a hostel or bed + breakfast until long-term accommodation is found.

Priority access is often given to:

• Younger people
• Pregnant women
• Women with children
• Those fleeing domestic violence
• People with serious illnesses or disabilities
• Tenants living in bad, unsafe or overcrowded conditions

Longer Term Options

Getting a council house after eviction is a potential long-term housing solution as long as (again) you’re eligible and are not intentionally homeless.

Housing Association Properties

The council may also offer you a housing association property (also known as  “social” or “council” housing). Due to what are often cheaper rents, waiting lists tend to be high in most parts of the UK.

The council or housing association will decide your eligibility based on local connections, vulnerability and whether you’re in a priority group. If you don’t have local connections, the council could refer you to a different local authority in another area.

Private Rented Sector (PRS) Properties

Although many steer clear of renting properties to people in receipt of Local Housing Allowance (LHA) and Universal Credit, the council may be able to put you in touch with a landlord who could help.

Most councils also offer incentives such guaranteed rent schemes and will also help provide a reference should you need it.

Financial Help from the Council After Being Evicted from Your House

If you can’t get a council house, you may be able to access financial assistance to help cover your costs.

This includes:

• Assistance with rent deposits if you can find a private rented property
• Money to help cover rent or other housing-related costs, known as discretionary housing payments
• Support with rent arrears, typically in the form of negotiating with landlords and payment plans
• Assistance with accessing Local Housing Allowance (LHA) and Universal Credit

Understanding the Eviction Process

As well as looking at your options above, it’s important to understand how eviction works in the UK so you can know what your rights are.

Eviction is a legal process that involves a landlord asking their tenant to leave a property. This can happen to private tenants and people living in council, housing association homes or through other arrangements.

It’s important to note that your landlord cannot force you to leave your home at the drop of a hat and without a legitimate reason.

If you have a tenancy agreement, a landlord legally must follow the correct eviction process and give you sufficient notice to move out.

You will usually receive a Section 21 (no fault eviction) or Section 8 (violation of the terms) eviction notice – the most common being rent arrears.

In a more informal housing situation, such as renting a room, you should receive a “notice to quit” instead.

What a Landlord Must Legally Do Before Evicting Tenants

Remember also that landlords themselves must adhere to certain standards, including:

• Deal with maintenance and repairs adequately.  Note that you will have to have evidence of requests made (and ignored by the landlord)
• No unnecessary invasions of your privacy, including entering the rental property without notice or consent (bar emergencies)
• Adhere to all aspects of the Assured Shorthold Tenancy (AST) agreement.  This includes even if the agreement has moved into being a periodic tenancy.

If the landlord has not followed any of the above, the law will protect you.

Reasons for Eviction

The landlord doesn’t always need to prove you’ve done something to evict you. They may just want the property back so they can sell it, in which case they can issue a Section 21 notice.

Otherwise, you need to breach your contract to be legally evicted. Some examples of common reasons for at-fault eviction include:

• Rent arrears
• Antisocial behaviour
• Drug dealing
• Damage to the property
• Not living in the property
• Other breach of the tenancy agreement
• The tenancy has ended

These are often reasons for being evicted from a council house as well as private property.

If you’re staying in temporary accommodation from your local council or housing association, you could also be evicted for refusing an offer of permanent housing. A support worker or housing officer may be able to help you work through this situation.

How Much Notice Does an Eviction Give?

The notice period you receive depends on the reason behind the eviction.

In the case of a no-fault eviction, a landlord must give you at least two months’ notice. However, if you broke your tenancy agreement and received a Section 8 notice, your notice period could be as short as two weeks (depending on which terms you broke).

Similar rules apply for how long it takes to evict a council tenant – it varies depending on why you were evicted.

What if You Don’t Leave?

If you don’t leave your accommodation after being evicted, the landlord must go to court to evict you.

This could advance to a court hearing, during which the court decides whether to evict you (known as a court order for possession). In this case, the court will give you an eviction date for vacating the property.

If you still don’t leave after this, court bailiffs will come to remove you – and you’ll even have to pay the court costs of your landlords (unless you can access legal aid).

However, it’s best not to leave immediately if you want a council or housing association to rehouse you.

Navigating an Eviction

Facing eviction is never a pleasant prospect, but if you find yourself in a precarious situation, there are possibilities to receive the support you need.

These include emergency housing, financial assistance, and long-term rehousing from the council. To boost your chances, seek civil legal advice as quickly as possible.

Accessing Legal Aid After Eviction

If you are not in a position to pay for legal representation, legal aid can help cover some of the most important costs.

You will then be able to access a qualified solicitor who can explain your rights in detail, defend your case and look out for the best possible outcome.

You can contact your local Legal Aid service or Citizens Advice for more information.

Court Proceedings and Legal Processes

To boost your chances of getting rehoused, it’s important to follow the legal processes carefully during your eviction.

As mentioned, if you don’t leave a property after receiving an eviction notice, the landlord will apply for a possession order from the court that leads to a court hearing.

If the landlord hasn’t honoured this process or given you the proper eviction notice, you have a good case for challenging the eviction. This could be possible in the case of the landlord locking you out of your house with no warning, using intimidation or discriminating against you.

To prepare for a court trial, you need to fill in a N244 form and send it to the court.

Look for evidence that challenges your landlord’s reasons for evicting you. For instance, if you’re being accused of antisocial behaviour, you could provide character references from other neighbours or prove that someone else was responsible for the behaviour.

Otherwise, your best bet is simply to prove you’ve fulfilled expectations as a tenant by meeting your rent obligations.

It’s best to get a lawyer to represent you. You may be able to get legal aid if you’re on a low income or have no income.

Can Property Solvers Help?

Property Solvers is a specialist Sell House Fast or We Buy Any House company and, unfortunately, does not work in the area of tenant evictions.

We would recommend speaking to your council as soon as you can.

If you are dissatisfied with how your council is treating you or handling the situation, you can contact The Local Government and Social Care Ombudsman.