Introductory tenancy eviction: your right to a review

If you are an introductory tenant of a council, you have weaker security of tenure than a secure tenant. But you are not without rights. If your landlord is seeking possession during your introductory period, you have the right to request a review. We cover how introductory tenancies work and what to do if you are facing eviction.

Key facts

• Ministry of Justice figures show landlords made 22,733 possession claims in the county courts of England and Wales in January to March 2026, with 6,888 repossessions carried out by county court bailiffs. Mortgage and landlord possession statistics, GOV.UK
• In the same quarter there were 16,848 possession orders and 10,172 warrants, each down on the same period a year earlier. Mortgage and landlord possession statistics, GOV.UK

What is an introductory tenancy?

Most councils start new tenancies as introductory tenancies under the Housing Act 1996. An introductory tenancy is a trial period, usually 12 months, though some councils extend it to 18 months in certain circumstances.

During the introductory period:

• You do not have the full security of tenure of a secure tenant
• The council can end the tenancy more easily than they can end a secure tenancy
• You cannot exercise certain rights of secure tenants, such as the right to buy (during the introductory period)

After the introductory period ends without the council taking action to end your tenancy, it automatically becomes a secure tenancy.

How can the council evict an introductory tenant?

To evict an introductory tenant, the council must:

1. Serve a notice of proceedings, a written notice telling you they intend to seek possession and giving you 28 days' notice. The notice must explain the reasons for seeking possession.
2. Inform you of your right to request a review, the notice must tell you that you can ask for a review of the decision.
3. Apply to the court, after the notice period, if you do not leave, the council applies for a possession order. The court must grant the order if the correct procedure was followed.

The key protection for introductory tenants is the right to a review.

Your right to request a review

Within 14 days of receiving the notice, you can request a review of the decision. You must make this request in writing to the council.

The review is carried out by a senior officer of the council (someone not involved in the original decision) or sometimes an independent panel. You have the right to:

• Make written representations setting out your case
• Attend the review hearing and speak in person (though the council can decide whether a hearing is held)
• Be accompanied by a friend, advice worker, or representative

The reviewer must notify you of the review decision and the reasons for it before the date specified in the notice of proceedings.

Grounds for challenging the decision at review

At a review, you can argue:

• The decision was wrong on the facts, for example, allegations of anti-social behaviour or rent arrears are disputed
• The process was not followed correctly, for example, adequate notice was not given
• Relevant information was not taken into account, for example, you have a disability, mental health condition, or were a victim of domestic abuse that explains the conduct complained of
• The decision was disproportionate, for example, a single incident is not serious enough to justify eviction

What happens after the review?

If the review upholds the decision to seek possession, the council can proceed to court. At that point, your options are limited, courts are required to grant possession if the correct procedure was followed, even if you dispute the underlying reasons.

If the review finds in your favour, the council must not proceed with possession on that basis.

Can you appeal to the court?

You can appeal the review decision to the county court on a point of law, but only on the ground that the review itself was flawed (for example, the reviewer had a conflict of interest, or the decision was irrational or procedurally unfair). This is not the same as re-arguing the underlying facts. You usually need legal advice to pursue this route.

If the disrepair is relevant

If part of the reason for any arrears or difficulties is that your home has serious disrepair, broken heating, damp and mould, or structural problems, this is directly relevant to a review. The conditions of the property may explain rent arrears, or may be evidence that the council itself has not fulfilled its obligations. Raise this explicitly in any review submission.

When should I contact Support for Tenants?

If your introductory tenancy home has disrepair and you are facing eviction, call us on 0800 030 4669.

No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Housing Act 1996, Part 5 (introductory tenancies) (legislation.gov.uk)

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