Non-payment of rent and eviction from a council property

We have over 15,000 residential tenancies. Every year, despite a lot of effort to stop it happening, about 50 tenants are evicted.

For everyone concerned, this is the worst possible way to end a tenancy. Eviction usually causes a great deal of anguish and unhappiness and costs a lot of money. So we do everything we reasonably can to prevent it.

Not paying rent is the most common reason people are evicted. We have to collect rent, to provide and repair our properties. Breaches of other tenancy conditions, such as anti-social behaviour, can occasionally result in eviction too.

For advice and support, speak to your housing officer or contact an advice service such as Advice Portsmouth on 023 9279 4340.

Court hearing for non-payment of rent

If the council takes you to court, we recommend that you seek independent legal advice to help you present your side of the argument, and attend the court hearing when asked.

One option is to use a county court housing advice and representation scheme. Some schemes are free, providing independent and confidential advice and representation to homeowners and tenants in repossession cases. Citizens Advice Bureau also offers free advice and can recommend a solicitor, or contact Advice Portsmouth on 023 9279 4340, to find the best place to get help.

We recommend these schemes because, in addition to help in court, they can identify other advice needs which you might not be aware of yourself.

The court will advise you on what will happen at the hearing and, if the court awards us a possession order, it will tell you what you must do to avoid eviction, by, for example, laying out a payment schedule for you to follow. You can apply to vary this order by contacting the court direct (the council has no power to change terms laid down by the court).

If you do not comply with the court’s terms, eviction is then one option open to us.

What happens if you're evicted for non-payment of rent

The court will tell you the date and time that the bailiff will arrive to evict you. A council representative will attend on the day, to secure the property and remove any belongings left behind.

If you are evicted from a council property, you will have to find alternative accommodation for yourself and anyone else living with you. Having children with you in the property is no guarantee that the courts will not evict you, and we are not obliged to re-house you if you are evicted for non-payment of rent.

How to stop the eviction

Contact us immediately. The earlier you take action or seek advice the better, because it is easier to help you. Once a warrant for possession is issued, your final opportunity is to have it suspended. To do this you must contact the court direct. The court will then reconsider your case, but may not agree to alter the decision.