How Much Rent Arrears Before Eviction by the Council in the UK?

Falling behind on rent can be stressful, especially for council tenants who risk losing their home due to rent arrears. However, councils must follow a strict legal process before they can evict a tenant. If you are struggling with rent payments, it is essential to understand your rights and options to avoid eviction.

At Fraser Bond, we help tenants and landlords navigate UK housing laws and eviction procedures, ensuring that both parties understand their legal obligations.

When Can the Council Evict a Tenant for Rent Arrears?

Local councils in the UK provide housing to tenants under secure or introductory tenancies. The eviction process depends on the type of tenancy and the level of rent arrears.

1. Secure Tenants (Long-Term Council Tenants)

Council tenants with a secure tenancy have strong legal protection and can only be evicted if the council follows a court process.

• Grounds for eviction: The council can take action if a tenant has serious or persistent rent arrears.
• Threshold: Typically, eight weeks (two months) of unpaid rent is considered serious enough for eviction proceedings to begin.
• Notice period: The council must serve a Notice Seeking Possession (NSP), giving at least four weeks' notice before they apply to the court.

2. Introductory Tenants (New Council Tenants)

If you have been a council tenant for less than 12 months, you likely have an introductory tenancy.

• Less protection: The council does not need to prove rent arrears to evict an introductory tenant.
• Eviction process: The council must serve a Notice of Possession Proceedings (NPP) and give at least four weeks’ notice before applying to court.
• Challenging the eviction: Tenants can request a review within 14 days of receiving the notice.

3. Flexible & Demoted Tenants

• Flexible tenants (fixed-term council tenancies): Eviction follows similar rules to secure tenancies.
• Demoted tenants (after ASB issues): The council can evict tenants more easily if they have missed rent payments.

The Eviction Process for Rent Arrears

If a council tenant falls into rent arrears, the council will typically take the following steps:

Step 1: Rent Arrears Warning & Support

• The council will contact the tenant and offer support to help clear the arrears.
• They may agree to a repayment plan to avoid eviction.

Step 2: Serving a Notice Seeking Possession (NSP)

• If arrears continue, the council serves an NSP (for secure tenants) or NPP (for introductory tenants).
• The notice gives the tenant four weeks to act before the council applies to court.

Step 3: Court Proceedings & Possession Order

• If arrears are unpaid, the council applies for a court hearing.
• The court may issue:
  ✅ A Suspended Possession Order (SPO) – The tenant can stay if they pay off the arrears over time.
  ❌ An Outright Possession Order – The tenant must leave within 14 or 28 days.

Step 4: Bailiff Eviction (Final Step)

• If the tenant does not leave, the council applies for a warrant of eviction, and bailiffs can remove them.
• The tenant will receive a final eviction notice giving at least 14 days' notice before the bailiffs arrive.

How to Prevent Eviction for Rent Arrears

If you are struggling to pay rent, you should:

✅ Contact the council immediately – They may agree to a repayment plan.
✅ Apply for Housing Benefit or Universal Credit – You may qualify for financial help.
✅ Seek debt advice – Speak to charities like Shelter or Citizens Advice.
✅ Attend court hearings – Explain your situation to the judge to avoid eviction.

How Fraser Bond Can Help

At Fraser Bond, we provide expert property consultancy, helping tenants and landlords navigate rent arrears disputes, eviction processes, and housing solutions.

Need Advice on Rent Arrears and Eviction?

If you are facing eviction due to rent arrears or need expert property guidance, contact Fraser Bond today for professional assistance.