Eviction for abandonment of a council or housing association tenancy
Abandonment is when the council or housing association takes the property back because they believe you’re not living there.
If you’ve abandoned your home, they can change the locks without needing a court order.
Rules about living in your home
By signing your tenancy agreement, you agree to live in the house as your only or main home.
You must tell the council or housing association if you’ll be away for more than 4 weeks and the house will be unoccupied.
You may be away from your home for reasons like:
- being in hospital
- working away from home
- staying with someone temporarily while you care for them
Getting an abandonment notice
The council or housing association can send you a letter if they think you’re not living in your home. This is called an ‘abandonment notice’.
The notice gives you 4 weeks warning that you could lose your home. To keep your home, you must contact them in writing and tell them you’re still living there before the 4 weeks are up.
If you’re living away temporarily, explain why and tell them when you plan to return.
Checking if you live in your home
After they send an abandonment notice, the council or housing association can take steps to check if you’re living in your home.
This includes:
- visiting your home
- phoning or emailing you
- asking your neighbours if they’ve seen you
If you do not respond to an abandonment notice
After the 4 weeks’ notice period is up, if you do not get in touch with the council or housing association, they can both:
- send you a second notice to say they’ve taken the property back
- change the locks to your home
If the locks are changed
You have 6 months to challenge an abandonment eviction in court, from the date your tenancy ended. This is the date on the second abandonment notice.
Getting legal advice and representation can help you challenge it in court. You can get legal advice from a solicitor. If you’re on a low income you may qualify for legal aid.
Get advice about eviction
You can get free independent advice from: