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Eviction and Council Housing: What Happens and Where to Get Help

What tenants and landlords need to know about eviction, notices and council homelessness duties in England.

Eviction and Council Housing: What Happens and Where to Get Help DSS Housing & Benefit-Friendly Rentals

Updated October 2026 · Fraser Bond

Renting · Eviction

Facing eviction? What the council must do, and what you should do first

56 daysprevention duty
No Section 21since 1 May 2026
Act earlycontact the council
Free adviceShelter, Citizens Advice
In short: In England, a private landlord can no longer use a "no-fault" Section 21 notice. Since 1 May 2026, they must give a Section 8 notice based on a legal ground, such as rent arrears or selling the home, and a court must make an order before you can be evicted. If you are threatened with homelessness within 56 days, your local council has a legal duty to help you try to keep your home or find another. Contact them as soon as you get notice.

How eviction works now

From notice to possession

1
NoticeThe landlord serves a Section 8 notice naming the ground and the date they can apply to court.
2
Court claimIf you have not left, the landlord applies to the county court for possession.
3
HearingA judge decides whether the ground is proved. Some grounds are mandatory; others are at the judge's discretion.
4
Possession orderThe order gives a date to leave, often around 14 days, sometimes longer.
5
BailiffsOnly court-appointed enforcement officers can remove you, after a further application. A landlord who evicts without a court order may be committing an offence.

Common grounds and notice periods

GroundTypical reasonNotice
Selling the homeLandlord intends to sell4 months; not in the first 12 months of the tenancy
Moving inLandlord or close family will live there4 months; not in the first 12 months
Serious rent arrearsAt least 3 months' rent owed at notice and at the hearing4 weeks
Anti-social behaviourNuisance or criminal behaviourCan be immediate
Breach of tenancyOther breaches, such as damageA shorter notice period; the judge has discretion

A simplified summary of the main Section 8 grounds in England after 1 May 2026. Always check the notice and get advice.

What the council must do

If you are likely to become homeless within 56 days, the council must assess your situation and agree a personal housing plan. It must take reasonable steps to help you keep your home or find somewhere else. A valid notice that ends within 56 days counts.

You have received a valid Section 8 notice ending in 7 weeks. When should you contact the council?

If you have received an eviction notice

Need a new home quickly?

  • Register with Fraser Bond for new homes as they come up
  • No blanket bans: landlords cannot refuse tenants on benefits or with children
  • Fast viewings and clear move-in costs
  • Help with references and guarantor options

Landlord needing possession?

  • Advice on the right ground and the correct notice
  • Full management to resolve arrears early
  • Help preparing evidence for a claim
  • Re-letting quickly once the property is back

Frequently asked questions

Can my landlord evict me without going to court?

No. A private landlord needs a possession order from the court, and only court enforcement officers can carry out the eviction. Changing the locks or removing you without an order can be a criminal offence.

Does the council have to rehouse me?

It depends. Everyone threatened with homelessness gets help to prevent or relieve it. The full housing duty applies only if you are eligible, in priority need and not intentionally homeless.

Should I leave before the court date?

Get advice first. Leaving early could affect how the council assesses you. Shelter or Citizens Advice can explain your options.

Can I still use a Section 21 notice?

Not for notices served on or after 1 May 2026. Landlords must now use a Section 8 ground.

Can Fraser Bond help me find a new home?

Yes. Register with us and we'll tell you about suitable homes as they come up.

Need to move, or need advice as a landlord?

Our team can help tenants find a new home and help landlords follow the right process.

Speak to our teamSearch homes to rent

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