Guidance

Understanding the possession action process: A guide for private residential tenants in England

Updated 9 January 2024

Applies to England

1. Introduction

Who is this guide for?

This guidance has been produced by the Department of Levelling Up, Housing and Communities, part of the UK government. The Department is responsible for housing law and housing policy in England.

This guide is for tenants who are renting a house or flat from a private landlord on an Assured or Assured Shorthold Tenancy in England. Most tenancies in England are Assured or Assured Shorthold tenancies, however you can check what kind of tenancy you have using the tenancy rights checker published by the housing charity Shelter.

This guide is designed to assist tenants whose landlord or letting agent has served them with a notice requiring possession (Form 6A for the section 21 possession process) or a notice seeking possession (Form 3 for the section 8 possession process). This starts the possession action process, through which you may legally be evicted from your home. See the overview of the possession process below.

This guidance also provides practical advice for tenants who are in rent arrears or who otherwise feel that they may be at risk of being served a notice by their landlord.

Most of this guidance will equally apply if you are in a shared property but in certain cases your rights and responsibilities will vary. The guide does not cover lodgers (people who live with their landlord) or people with licences (such as many property guardians), or tenants living in a property which is not their main or only home.

Separate guidance is available for social tenants. There is also separate guidance for tenants in the private rented sector who are facing possession action in Scotland, Wales and Northern Ireland.

If you are an owner occupier and are worried about you mortgage lender repossessing your home, separate guidance is available on repossession.

How can this guide help you?

Being served with a notice seeking or requiring possession can be a worrying or stressful experience. This guide will help you to understand your rights, and the options which are available to you. However, this guidance is intended as information rather than legal advice. It is important that you access legal and money advice and support, relating to your individual circumstances, as early as possible. Seeking advice at an early stage could prevent you from losing your home.

As soon as your landlord gives you notice that they are seeking to possess your home, free legal advice and representation is available from the Housing Loss Prevention Advice Service.

You can also have an initial discussion with an adviser to find out about the support available to you by contacting Civil Legal Advice (CLA). CLA may be able to put you in touch with a solicitor, local law centre or advice agency to help you.

• Website: https://www.gov.uk/civil-legal-advice
• Phone: 0345 345 4345 - Monday to Friday, from 9am to 8pm and Saturday from 9am to 12:30pm;
• Text: ‘legalaid’ and your name to 80010 to ask CLA to call you back. It costs the same as a normal text message.

Alternatively, you can contact a housing expert directly. You can find a list of housing solicitors by typing in your postcode and ticking the box ‘Housing’ at: find-legal-advice.justice.gov.uk.

The housing charity Shelter and Citizens Advice can also provide assistance with housing issues, and Money Helper can provide free and impartial help with money.

For general advice about renting a property under an Assured Shorthold Tenancy, please consult our How to Rent guide.

Links

This guide is best viewed online as it contains hyperlinks. If you are reading this on a computer or other device, you can click on the links to go to other websites with more detailed information, or to a later section in the document. They are coloured and underlined like this.

2. An overview of the possession process

If there is a change in your circumstances which will make it difficult for you to keep to the terms of your tenancy (such as your ability to pay rent) you should let your landlord know as soon as possible. You and your landlord should try to resolve these matters outside of court in order to sustain your tenancy. More information can be found at Part 3 of this guidance ‘If you are worried about rent arrears’.

Your landlord may suggest using a third-party dispute resolution or mediation service. You should engage with this process to avoid formal possession proceedings in the courts and increase the chance that you can stay in your home.

Free help is available through the Housing Loss Prevention Service (HLPAS) from the moment that you receive a possession notice up to the possession hearing (Stages 1, 2 and 3), as well as at the hearing itself. A government funded housing law expert can help you prevent the loss of your home. This could include providing advice on issues such as debt and access to housing benefits, helping you to file a defence to your landlord’s claim, or helping you to agree a rent repayment plan with your landlord.

See more information.

Stage 1: Notice requiring/seeking possession

Your landlord will give you a notice requiring possession (Form 6a, under section 21 of the Housing Act 1988), or a notice seeking possession (Form 3, under section 8 of the Housing Act 1988). The notice will specify the date by which you are being asked to leave your home and after which possession proceedings may be started in the county court.

The moment you receive notice that your landlord is seeking possession against you help is available. A housing solicitor funded by the government can help you prevent the loss of your home. See more information.

Stage 2: If you stay in your home after the notice expires

If you do not leave by the date in the notice, your landlord can make a claim for possession in the county court. You will be sent a copy of the landlord’s claim documents. You will also receive information on where to obtain legal advice to help you with your case.

You can file a defence against a notice given under section 8 of the Housing Act 1988 and you can challenge the validity of the notice whichever process has been used. You can include details about your circumstances, and any other issues relevant to the claim; for example, health or financial difficulties which had affected your ability to pay rent and how you plan to repay any arrears which have built up.

If you are likely to suffer extreme hardship as a result of having to leave your home, you can ask the court to postpone possession for up to a maximum of 6 weeks.

A government funded (legal aid) housing solicitor can help you to file a defence. This a free service. See more information.

Stage 3: Before the hearing

You will be notified by the court of the date of the hearing and the court will provide you with any further directions as necessary. Before the hearing, you and your landlord should attempt to reach a settlement, for example agreeing a plan to repay rent arrears. A legal adviser or mediation service may be able to help you to reach a settlement with your landlord. Your landlord should inform the court if a settlement has been reached and a hearing is no longer required.

Stage 4: The possession hearing

If a settlement cannot be agreed there will be a possession hearing, at which a judge will decide whether to make a possession order. If you are an assured shorthold tenant and your landlord is using the section 21 possession process, the court may make a decision without a hearing taking place, as it may be clear on the papers submitted by your landlord that they are entitled to a possession order.

You can get on-the-day emergency legal advice and representation at the possession hearing. See more information.

Stage 5: Warrant or writ for possession and bailiffs

If a possession order was granted at the hearing and you do not leave your home within the time limit provided, or if you breach the terms of a suspended order, your landlord can apply for a warrant or writ of possession.

Warrants and writs of possession are documents which permit a bailiff or High Court Enforcement Officer to enter your home, evict you from the property and return it to your landlord. A warrant is issued by the county court, and a writ is issued by the High Court. In most cases, the Bailiff or High Court Enforcement Officer must provide you with a notice telling you the date and time of the eviction, at least 14 days before the eviction date.

In some circumstances, you can apply to suspend the warrant or writ of possession before the date of the eviction. If successful, this will result in the eviction being postponed or the warrant or writ being set aside, allowing you to remain in your home. However, if you do not make an application or if the court does not agree to suspend the warrant or writ, a county court bailiff or High Court Enforcement Officer will enforce the warrant or writ and evict you from your home. Information about how to make an application to suspend the warrant is contained on the notice of eviction from the bailiff or High Court Enforcement Officer.

Government funded legal advice will still be available. You can have an initial discussion with an adviser to find out about the support available to you by contacting Civil Legal Advice (CLA):

• Website: https://www.gov.uk/civil-legal-advice
• Phone 0345 345 4345 - Monday to Friday, from 9am to 8pm and Saturday from 9am to 12:30pm;
• Text ‘legalaid’ and your name to 80010 to ask CLA to call you back. It costs the same as a normal text message.

CLA may be able to put you in touch with a solicitor, local law centre or advice agency that can help you.

Alternatively, you can contact a housing expert directly. You can find a list of housing solicitors by typing in your postcode and ticking the box ‘Housing’ at: find-legal-advice.justice.gov.uk.

3. If you are worried about rent arrears

Financial support

If you fall into financial difficulties due to a change in your employment or earnings you may qualify for Universal Credit. Find more information about Universal Credit.

Local councils can provide support for tenants to stay in their homes. Ask your council about Discretionary Housing Payments. Find your local council.

It is important that you contact your landlord or agent as soon as possible if you are worried that you may not be able to meet your rental payments. An early conversation with your landlord can help you to agree a plan if you are struggling to pay the rent. This can include agreeing that your landlord does not seek possession action for a period of time and instead accepts a lower level of rent from you. You may also reach an agreement to pay off arrears at a later date.

If you have suffered a loss of income or other changes to your financial circumstances, you must write to your landlord to set out your circumstances and what you are doing to address the issues, in as much detail as you feel able to. You should set out a payment proposal and make clear that you are willing to engage in regular contact with your landlord to resolve the situation.

The housing charity Shelter has more information on its website about negotiating rent with your landlord, including template letters which you can use if you want to propose a rent reduction or a rent repayment plan to pay off arrears.

The government has also worked with the National Residential Landlords Association to produce a guide for managing arrears and avoiding possession claims, which you and your landlord may find useful to consult.

When discussing your options with your landlord, a consumer advice service, your local council or a legal advisor, they may offer a mediation service. There are several services available in the market^{[footnote 1]} which specialise in resolving disputes in the private rented sector which may be used.

Mediation allows an independent third-party to assist those involved to reach a mutually acceptable agreement to resolve their dispute, without the matter needing to progress through court. This may include agreeing to a rent repayment plan. Settling a dispute early could help you to avoid a breakdown in relations with your landlord and let you move forward with the tenancy. You don’t have to talk to a mediator if you don’t want to, although it is likely to be preferable to court action. It may also prevent additional costs for your landlord and increase the chance you can remain in your home.

Where mediation is provided privately, the landlord typically pays, but this does not mean that the mediator is not able to help you both, and it is generally in your interests to engage with a mediator and see if they can help you to agree a mutually agreeable solution. It is usually in the mutual interest of both landlord and tenant for the tenancy to continue.

If mediation has not been offered, but you feel that it would be suitable for your circumstances, you may wish to find a suitable scheme in your area and ask your landlord to consider using it. There are several services, as well as individual mediators, available in the market who specialise in resolving disputes. There is no single list of organisations or schemes offering dispute resolution in specific areas, but you can check by:

• asking your local council: some local councils offer free of charge specialist support for landlords who are considering serving a notice of possession. You can find the website of your local council
• searching online
• asking a consumer advice service such as Citizens Advice
• consulting a legal professional

If you do agree a plan to pay off arrears at a later date, it is important you stick to this plan. Talk to your landlord immediately if you are unable to do so.

If your landlord refuses to communicate with you or refuses to enter into a payment plan, you must pay what you can afford. The fact that some amount has been paid regularly may help you to keep your home when the case is heard at court.

4. Stages of the possession process

Stage 1: What to do when you are served with a notice of possession

It is important that you read the Section 8 or Section 21 notice carefully. You should act quickly and calmly. You should think about whether you have a good case to stay in your home if you go to court, but also about what your options are if you decide to leave.

As soon as you are served with a possession notice, you should follow the 2 key steps set out below.

1. Seek advice about your circumstances

Government funded legal advice and representation (legal aid) is available to anyone facing the loss of their home through the Housing Loss Prevention Advice Service. This is a free service.

Help is available from the moment you receive written notice that someone is seeking the possession of your home. This might be an email from your landlord.

A housing solicitor (funded by the government) will work with you to identify what may be causing someone to seek possession of your home and they will recommend potential solutions. For example, they may be able to provide legal advice on matters such as illegal eviction, housing disrepair, rent arrears, welfare benefits payments and debt.

See further information on the Housing Loss Prevention Advice Service.

Government funded legal advice is also available for other housing and debt problems you may have. You can have an initial discussion with an adviser to find out about the support available to you by contacting Civil Legal Advice (CLA):

• website: https://www.gov.uk/civil-legal-advice
• phone: 0345 345 4345 - Monday to Friday, from 9am to 8pm and Saturday from 9am to 12:30pm
• text:‘legalaid’ and your name to 80010 to ask CLA to call you back. It costs the same as a normal text message

CLA may be able to put you in touch with a solicitor, local law centre or advice agency that can help you.

Alternatively, you can contact a housing expert directly. You can find a list of housing solicitors by typing in your postcode and ticking the box ‘Housing’ at: find-legal-advice.justice.gov.uk.

You can also ask your local council for help as soon as you get a notice seeking possession. They may help you to stay in your home, including supporting negotiations between you and your landlord, or to find alternative accommodation. You can find the website of your local council.

If there is a risk you will become homeless, you should contact your local council homelessness prevention team for advice and assistance before agreeing to leave the property.

You can also seek advice from Citizens Advice or Shelter if you are served with a section 8 or section 21 notice. Talking to an adviser face to face or over the phone may help to put your mind at ease and going through the case in detail with them could result in a better outcome. For example, you may be able to stay in your home or have more time to seek out alternative accommodation.

2. Contact your landlord or letting agent

If you feel able to, you should also talk to your landlord or letting agent. They may decide to permit you to stay if you can prove that you can repay any rent arrears.

Rules which your landlord must follow

If you do not agree to bring your tenancy to an end, your landlord must follow the court process to regain possession of your home.

Your landlord must not harass you, if they do, they will be acting unlawfully. Examples of unlawful eviction and harassment are:

• making threats

• violence towards you, your household members or property

• entering your home without your permission

• changing the locks when you are out

• turning off essential services

If you are subjected to unlawful behaviour, you must contact a legal adviser, the housing charity Shelter, your local authority and/or the police. You can find contact details for your local authority at: https://www.gov.uk/find-local-council

If you are served with a Section 8 notice

Section 8 notices apply to assured shorthold tenancies and assured tenancies. If you are unsure which type of tenancy you have, you can use Shelter’s tenancy rights checker.

You can receive a Section 8 notice at any time during your tenancy. Your landlord must provide a reason for giving you a Section 8 notice. There are several reasons, or grounds, for serving a Section 8 notice. These include (but are not limited to):

• rent arrears

• damage to the property

• causing a nuisance to neighbours (anti-social behaviour)

• breach of contract terms

• the landlord wants to move back into the property

• the property is being repossessed by the mortgagee

If you do not move out and the landlord wishes to start possession proceedings, they must apply to court within a year of giving you the notice. If they don’t, the notice will expire, and the landlord cannot use it.

What to do next

Once the landlord has made a Claim for Possession, you will be able to provide reasons for contesting the claim, if there are any, in your defence (see below). You will be able to contest the Claim at the court hearing.

When you receive a Section 8 notice, you can check that the notice has been served correctly. You can also check if you think that the grounds that they have used are justified. You can contest the landlord’s claim on either basis, or because of discrimination or disability. You should seek free legal advice on your circumstances from the Housing Loss Prevention Advice Service (HLPAS).

In order to serve a valid Section 8 notice, your landlord must have:

• Completed the Section 8 notice correctly. The notice will not be valid if it doesn’t include your name, the address of the property, the grounds for possession (why your landlord wants you to leave), and the correct date that the notice ends. The date by which you must leave will depend on the reason that your landlord wants you to leave. You can find details of the required notice periods for each of these reasons, or grounds, at Annex A .

• Provided a valid reason for the eviction. The Section 8 notice should explain what grounds your landlord is using to evict you (numbered 1-17), and why the landlord is using the grounds for possession. If you think that the ground your landlord is using doesn’t apply, you can state this in your defence. You could, for example, explain that you have paid off rent arrears that you previously owed.

The type of ground(s) which the landlord is using to evict you will affect how much discretion the court has as to whether to grant possession:

• Grounds 1 to 8 are mandatory grounds. This means that the court must grant possession if the grounds can be proven.

• Grounds 9 to 17 are discretionary grounds. This means that the judge is not bound to give possession even if the ground is met. The court will decide whether they agree that is reasonable for the eviction to proceed.

• Your landlord can use both mandatory and discretionary grounds. The court will look first at whether the mandatory grounds which your landlord has listed are valid. If these cannot be proven, the court will then look at the discretionary grounds to make a decision.

It is unlawful discrimination for a landlord to base their decision to end your tenancy on any one of the following nine protected characteristics:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Religion or belief
• Sex
• Sexual orientation

In some circumstances, it may be possible to prevent the eviction if you feel that the landlord has discriminated against you based on the protected characteristics listed above (for example because of your gender, or if they have refused to make changes for a disability you may have), or if you feel that you are being evicted because you complained about discrimination before (this is known as victimisation). You may be able to challenge an eviction if you feel that it is connected to your disability.

More information about discrimination is available from the Citizens Advice website:

• Check if your housing problem is discrimination

• Preparing to challenge your eviction if you’ve been discriminated against

However, you should always seek legal advice before challenging an eviction notice based on disability and/or discrimination.

A government-funded housing law expert can provide free legal advice about challenging an eviction notice based on disability and/or discrimination. See more information.

If you are served with a Section 21 notice

Section 21 notices apply to assured shorthold tenancies only.

In limited circumstances, you might be able to challenge the claim for possession and stay longer in your home. However, you should think carefully before doing this because you may have to pay court costs if your landlord issues court proceedings.

It is important to get legal advice about this. Free, government-funded legal advice and representation is available to anyone facing the loss of their home through the Housing Loss Prevention Advice Service (HLPAS). See more information

It is unlawful discrimination for a landlord to base their decision to end your tenancy on any one of the following 9 protected characteristics:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Religion or belief
• Sex
• Sexual orientation

In some circumstances, it may be possible to prevent the eviction if you feel that the landlord has discriminated against you based on the protected characteristics listed above (for example because of your gender, or if they have refused to make changes for a disability you may have), or if you feel that you are being evicted because you complained about discrimination before (this is known as victimisation). You may also be able to challenge an eviction if you feel that it is connected to your disability.

More information about discrimination is available from the Citizens Advice website:

• Check if your housing problem is discrimination

• Preparing to challenge your eviction if you’ve been discriminated against

However, you should always seek legal advice before challenging an eviction notice on the basis of disability and/or discrimination.

A government-funded housing law expert can provide free legal advice about challenging an eviction notice on the basis of disability and/or discrimination. See more information.

Checking if the Section 21 notice is valid

When you receive a section 21 notice, you can check that the notice is valid. If you are unsure, you can seek free advice through the government-funded Housing Loss Prevention Advice Service (HLPAS). See more information about HLPAS and to find a legal expert in your area.

You can also seek help from Shelter or Citizens Advice.

To serve a valid Section 21 notice, the landlord must have completed the following steps, although not all of these will be relevant to every tenancy (see information on Section 21 and Section 8 notices).

Your landlord must have:

• Given you the right amount of notice to leave. If your landlord gave you notice on or after 1 October 2021, they must have provided you with at least two months’ notice to leave.
  
  Important - if, from the start of your tenancy, you have had a periodic (rolling) agreement with your landlord, you may be entitled to more than two month’s notice. You should seek legal advice, for example from Shelter or Citizens Advice (see links above) if you are unsure.

• Given you the notice not sooner than 4 months after your (first) tenancy of the property started.

• Used Form 6A when giving notice. Your Section 21 notice will only be valid if your landlord used Form 6A (or a document setting out the same information as is required under that form). Form 6A is published at the Assured tenancy forms webpage.

• Started court proceedings in time. If they gave you the notice on or after 1 October 2021, your landlord must generally have made a claim for possession in the court within six months of giving you the notice.
  
  However, if your tenancy is a periodic (rolling) tenancy under which more than 6 months’ notice is required, your landlord can make the claim up to 4 months after the date specified in the notice as the date after which you must leave the property. You should seek legal advice if you are unsure if your tenancy is periodic or fixed term.

• Provided you with the right documents giving information about your home and your rights and responsibilities as a renter. This includes a valid gas safety certificate if there is a gas installation in in the property, an energy performance certificate, and the version of the How to rent guide which was most up to date when your contract started or was renewed.

• If you have complained about the condition of the property, and your local council has inspected and served an improvement notice or notice of emergency remedial action, your landlord cannot use a Section 21 notice for 6 months and must complete the repairs.

• Protected your deposit in a government-approved deposit protection scheme within 30 days of your most recent contract starting and given you information about where your deposit is held. Your landlord must provide you with certain details about the deposit known as ‘prescribed information’. This includes your landlord’s contact details and information, the details of where and how your deposit is being protected, information on how to resolve a dispute about your deposit and on how to get your deposit back when you leave.

• Obtained a Houses in Multiple Occupation (HMO), additional licensing or selective licensing licence for the property from the local council, if the property needed one. You can check with your local authority if your property needs a licence.

Your landlord must not have charged any prohibited fees during your contract. The law says that your landlord is only allowed to take certain permitted payments. These are set out in the Tenant Fees Act 2019 guidance for tenants. If you have paid a prohibited payment to your landlord, they cannot evict you using a section 21 notice until the money is repaid.

Stage 2: If you stay in your home after the notice expires

In many cases, if you are an assured shorthold tenant, leaving the property before your notice expires will be the most appropriate course of action. You may want to leave the property to avoid legal proceedings and becoming liable for your landlord’s court costs. Your landlord may also be prepared to write off arrears if you leave by agreement, as this will save them court costs, although this is not required of them by law and should be discussed with your landlord.

Before moving out, always:

• obtain legal advice so that you are clear about the legal position. A housing law expert funded by the government can advise you on what to do through the Housing Loss Prevention Advice Service (HLPAS)
• contact your local council for advice about your housing options, especially if you are struggling to find somewhere to live
• inform your landlord when you are leaving / that you have left
• return the keys

If you remain in your home and your landlord wishes to proceed with court action to evict you, the court will send you:

• copies of the landlord’s claim documents

• a defence form for you to complete

Standard possession procedure

The landlord may use the standard possession procedure, in which a court hearing will take place. If this is the case, you will receive information about the address of the court where the case will be heard and date of the court hearing.

You can find the contact details for the court at which your hearing is being held at on the Courts and tribunal finder website.

The court will also send you details about how to obtain free advice on your circumstances, if you have not already done so.

Government funded legal advice and representation is available to anyone facing the loss of their home through the Housing Loss Prevention Advice Service (HLPAS). This is a free service and may prevent the loss of your home.

Court hearings for possessions are usually held in the county court that covers the area where your home is. You should let the court know as soon as possible if you have any special requirements, for example if you need extra assistance to access the building or take part in the hearing.

You or your landlord can ask the judge to consider whether the hearing takes place remotely, by putting a request in writing and sending it to the court. Both parties will need to agree that the hearing can take place remotely, however it will be the judge who makes the final decision as to how the hearing proceeds.

Accelerated possession procedure

Alternatively, the landlord can apply to the court using the accelerated possession procedure that does not require a court hearing, if they used a Section 21 notice and they are not claiming rent arrears. They do not need to provide a reason for repossession if they use the section 21 process.

It is important that you file a defence (see ‘The defence form’ section below) if you feel that that there is a legal reason why your landlord may not be entitled to possession or if you want possession to be postponed due to extreme hardship. For accelerated possession claims, there will only be a hearing if the judge considers that the legal position requires clarification, or if the judge considers that you may need extra time (up to a maximum of 6 weeks) to move out due to extreme hardship.

The defence form

The court will provide you with instructions on how you can get advice about defending the possession claim.

The defence form enables you to contest the landlord’s claim for possession. This might be because they have not followed the correct procedures and/or the reasons the landlord provides for the eviction are not valid if they have used the section 8 process. For example, you might have paid off any rent arrears which you previously owed.

If you have difficulty filling in the form which has been sent to you, you can send the court a short statement explaining your circumstances and why a possession order should not be made.

Some of the situations in which you may wish to challenge a possession claim are set out above (‘What to do if you are served with notice seeking or requiring possession’). Your personal circumstances may have changed since the notice was first issued, for example, and you may now be in a position to pay off rent arrears. If this is the case, you may wish to describe on the defence form how your circumstances have changed and why you feel that the landlord should no longer be able to get possession of your home.

In some circumstances, where your landlord is using the section 8 process, you may consider making a counterclaim. For example, a claim for compensation if your tenancy deposit wasn’t protected or if repairs needed at the property were not carried out.

You need to return the defence form to the court as soon as possible. You can return your defence at the email or postal addresses provided, or via Possession Claims Online if your landlord used the online process. Where your landlord used the online process, the court will provide you with a username and password which will allow you to login to Possession Claims Online and respond to your landlord’s claim.

It is important that you seek advice and return the defence form, or a statement outlining your circumstances, to the court before the date of the hearing. This is because you may have to pay extra court fees if you do not provide information in the defence form and this results in a delay to your court case.

Important: If your landlord is using the accelerated possession process, the defence form may be your only opportunity to contest the landlord’s claim for possession.

How to seek advice on filling out your defence form

Government funded legal advice and representation (legal aid) is available to anyone facing the loss of their home through the Housing Loss Prevention Advice Service (HLPAS). A housing law expert may be able to help you to complete your defence form. This is a free service and may help to prevent the loss of your home.

You can also seek advice from Citizens Advice or Shelter.

Stage 3: What you need to do before the hearing

It is important that you follow the instructions provided in the papers sent to you by the court as there may be further directions.

Before the possession hearing, you should take the opportunity to seek legal advice on your case. A government-funded housing law expert can help you. See more information.

Where possible and appropriate, you and your landlord should try to reach a settlement before the hearing; for example, you may wish to reach an agreement under which you can stay in your home as long as you repay any outstanding rent arrears through a monthly repayment plan. A legal adviser may be able to help you to reach a settlement with your landlord ahead of the court hearing.

Before the court hearing, you should receive a copy of all the documents relating to the case, including the landlord’s claim form. The landlord is required to submit this information when they make a claim. If you have not received these documents, you should let the duty advisor, or the judge, know on the day of the hearing.

Stage 4: Attending a hearing

Attending a hearing

Before attending court, it is important that you check the website on what to expect when coming to a court or tribunal.

At the court hearing, a housing adviser can provide free legal advice and representation- see The Housing Loss Prevention Advice Service, below. Please arrive at least 30 minutes prior to your hearing and speak to the court usher and they will direct you to the adviser.

At a county court possession hearing, a judge decides whether the landlord should be granted possession of the property.

It is important that you attend the court hearing wherever possible. This will enable the judge to hear from both you and your landlord. The hearing is for 15 minutes.

If you are attending the hearing in person, you should bring your hearing letter with your case number, which will help you to find where you need to go in the building. You should also bring any evidence you have to the hearing. This could include:

• bank statements showing money in your bank account
• a letter about a new job or an increase in the hours you work
• a copy of your tenancy agreement
• where applicable, any information about how you were affected by COVID-19 and how this affected your ability to pay rent. This could include the letter you will have received from the NHS or your GP confirming that you previously had clinically extremely vulnerable status, and/or confirmation from your employer that you were placed on furlough.

You and your landlord can both bring people to help represent you, such as a solicitor or adviser. If you do not attend your court hearing, it is very likely the judge will decide to award possession to the landlord.

Your case is heard by a judge who will make a decision based on the evidence provided by you and your landlord and on what the law says. Whilst they will consider all of the evidence which has been submitted, if the landlord has made a claim for possession using the section 21 process or is using the mandatory grounds under section 8, the judge may have no or limited discretion to dismiss or adjourn the case if the claim has been made correctly and, for mandatory section 8 grounds, the reason, or ground for possession can be proven.

When you go into the hearing room you will be told who will speak and when. You will be given time to ask any questions that you have and give evidence to support your case. If you have a solicitor or barrister, they will ask questions for you. The judge may also ask you or your landlord questions. You can take notes to help you, but you must not take photos or videos.

The Housing Loss Prevention Advice Service

If you have not received advice before the hearing, you can get free legal advice and representation in court on the day of the hearing, through the Housing Loss Prevention Advice Service (HLPAS). A housing solicitor funded by the government (legal aid) will be able to represent you during the hearing. This is a free service. See more information.

On the day of the hearing, a member of court staff can direct you to the HLPAS adviser. You should make sure that you arrive early- at least 30 minutes before the hearing time- to allow plenty of time to speak to the adviser. You should also bring any relevant paperwork to show them, including:

• details of your income
• the possession notice
• the paperwork and documents sent to you by the court
• any defence sent to the court before the hearing
• details of any legal help or representation you’ve already had

Decisions which the judge could make

The judge could:

• dismiss the court case - no order will be made and the case ends
• adjourn the hearing - the hearing will be delayed until later, as the judge feels a decision cannot be made on the day
• make an outright possession order - this means you will have to vacate the property by a date they set (further details below).
• make a suspended possession order – this means you will have to vacate the property if you do not comply with certain conditions which the judge will set out (further details below).

The judge will dismiss the case if there’s no reason you should be evicted. This might happen if:

• your landlord has not followed the correct procedure

• your landlord or their representative do not attend the hearing

• (if claim brought under section 8) the grounds for possession are not proven or are invalid, e.g. you’ve paid any rent arrears

If the judge dismisses the case, you can stay in your home. If you have incurred any legal costs, you can ask the judge to order the landlord to pay your costs. If the landlord still wants possession of the property, they’ll have to restart the court process from the beginning.

Types of possession order

If the judge makes a possession order, it will either be an ‘outright’ order or a ‘suspended’ order.

Outright possession order

This means you must leave the property before the date given in the order.

The date will usually be 14 or 28 days after your court hearing. If you can demonstrate that you are in an exceptionally difficult situation, the judge may agree to delay possession for up to 6 weeks. The judge will consider the evidence provided in your defence and at the court hearing when making their decision.

If you do not leave your home by the date given, your landlord can ask the court to evict you by asking for a ‘Warrant of possession’ under which the court bailiff will carry out an eviction.

Suspended and postponed orders for possession

This means if you make the payments, and obey the conditions, set out in the order, you can stay in your home.

Suspended possession orders include a date on which you must leave the property. If, at any time after that date passes, you breach the conditions set out in the order, your landlord can ask the court for a Warrant of possession.

Postponed possession orders do not include a specific date for when you must leave the property. If you breach the terms of a postponed possession order, the landlord can make an application to the court to get a fixed eviction date. The court decides whether there will be another hearing.

Possession orders with a money judgment

A judge can add a money judgment to any of the possession orders. This means you owe a specific amount of money, usually made up of:

• your rent arrears

• your landlord’s court fees

• your landlord’s legal costs

The money judgment will not be enforceable against you so long as you pay your arrears and the amount set out in a suspended possession order. However, if you do not pay, the landlord can apply to enforce the possession order and the money judgement. This means that the landlord can ask county court bailiffs to evict you from your home (see below), and also recover the money owed in a separate court process.

Appealing the judge’s decision

You can only appeal the judge’s decision if you have proper legal grounds – for example, if you can show that the decision was wrong because of a serious mistake, because the procedure was not followed properly, or your landlord did not provide you with the correct documentation at the start of your tenancy. You’ll need to ask the judge for permission to appeal at the end of the hearing. If permission is refused by the district judge, you can apply to the circuit judge for permission. You will need to set out your grounds of appeal.

If you get permission to appeal, you’ll have to apply for an appeal hearing very soon afterwards. You’ll have to pay a court fee of up to £166, unless you qualify for help.

You will need to get legal advice.

• Monday to Friday, from 9am to 8pm and Saturday from 9am to 12:30pm
• text ‘legalaid’ and your name to 80010 to ask CLA to call you back. It costs the same as a normal text message

CLA may be able to put you in touch with a solicitor, local law centre or advice agency that can help you.

Alternatively, you can contact a housing expert directly. You can find a list of housing solicitors by typing in your postcode and ticking the box ‘Housing’ at: find-legal-advice.justice.gov.uk.

Stage 5: Warrant or writ for possession and bailiffs

Important: do not wait until you are about to be evicted by bailiffs before seeking advice. The sooner you seek to resolve the situation, the more likely you are to get help and/or be able to remain in your home.

If you remain in the property after the date specified in an outright possession order has passed, or if you have breached the conditions of a suspended possession order, the landlord can apply for a warrant or writ for possession.

Warrants and writs of possession are documents which permit a bailiff or High Court Enforcement Officer to enter your home, evict you from the property and return it to your landlord. A warrant is issued by the county court, and a writ is issued by the High Court.

In most cases, you will receive an eviction notice, giving a date by when you must leave. You will usually be given at least 14 days’ notice of the eviction date. The bailiff will attend at the date and time shown on the eviction notice. This means that if you do not leave, you will be evicted by a county court bailiff or High Court Enforcement Officer at that date and time.

Applying to suspend the warrant or writ

Before the date of the eviction, in certain circumstances you can apply to suspend the warrant or writ. If successful, this will mean that the eviction is delayed or will not proceed. A Judge will not automatically agree to suspend the warrant. You should take advice on whether an application to suspend the warrant is likely to succeed and is the best option to resolve your case.

Government funded legal advice remains available. Contact Civil Legal Advice (CLA) to have a discussion with an advisor to find out about the support available to you:

• phone 0345 345 4345 - Monday to Friday, from 9am to 8pm and Saturday from 9am to 12:30pm

• text ‘legalaid’ and your name to 80010 to ask CLA to call you back. It costs the same as a normal text message

CLA may be able to put you in touch with a solicitor, local law centre or advice agency that can help you.

Alternatively, you can contact a housing expert directly. You can find a list of housing solicitors by typing in your postcode and ticking the box ‘Housing’ at: find-legal-advice.justice.gov.uk.

You could also contact the housing charity Shelter or Citizens Advice.

The circumstances in which a warrant for possession may be suspended include:

• If you received a Section 21 notice but there was no court hearing

The court may set aside a possession order if the landlord used accelerated possession proceedings and served an invalid Section 21 notice.

• If you couldn’t attend the original court hearing

You can apply for the court decision to be set aside if you:

a. had a good reason for missing the court hearing

b. applied to have the order set aside as soon as you knew that the court had made a possession order, and

c. would have had a good chance of persuading the court not to make the possession order if you had attended.

• If suspending the bailiff’s warrant is reasonable

If you are being evicted on a discretionary ground, the court can suspend the bailiff’s warrant if they decide it is reasonable to do so.

• If your landlord agrees to let you stay

If, after discussion with your landlord they decide not to pursue the eviction and let you stay in your home, you can ask them to withdraw their application for a warrant of possession.

You can apply to suspend a warrant of possession or stay a High Court Writ of possession by filling in Form N244. This will cost £15, unless you qualify for help.

There will be a new hearing, at which you will be entitled to receive free advice and representation from a housing adviser funded by the government. Find more information.

If one or more of the circumstances above applies in your case, the Judge may decide to delay the eviction or let you stay in your home if you can make payments again.

If the Judge does not accept that you have a valid reason to stay, or that the eviction date should be delayed, then the eviction will proceed.

5. Further advice and information

Help and advice

• Find a government funded housing solicitor through the Housing Loss Prevention Advice Service (HLPAS). This is a free service. See more information.

• Find a solicitor through the Law Society

• Locate the court at which your possession case is being heard

• Shelter

• Citizens Advice

• Further information about landlord and tenant rights and responsibilities

• Money Helper

• If you are worried about becoming homeless, you can contact your local council

• The possession process in Scotland

• The possession process in Northern Ireland

• The possession process in Wales

‘How to’ guides

The government’s How to rent guide helps tenants and landlords in the private rented sector understand their rights and responsibilities.

The government’s How to rent a safe home guide helps current and prospective tenants ensure that a rented property is safe to live in.

The government’s How to let guide provides information for landlords and property agents about their rights and responsibilities when letting out property.

The government’s How to lease guide helps current and prospective leaseholders understand their rights and responsibilities.

Annex A: Minimum notice period lengths under section 8 of the Housing Act 1988 in England

These grounds (reasons for the eviction) are applicable to assured and assured shorthold tenancies. For a full description of the grounds, see Schedule 2 to the Housing Act 1988.

If your landlord is using multiple grounds for possession, the longest notice period will generally apply. For example, if they were to use Ground 6 and Ground 8, they would need to provide at least 2 month’s notice.

There is an exception for the anti-social behaviour grounds 7a and 14; if either of these grounds are used, the notice period for the anti-social behaviour ground would apply. If both grounds 7a and 14 are used, the notice period provided under ground 7a will apply.

Ground	Notice period
Mandatory (judge must award possession if ground met)
1: Landlord wants to move in	2 months
2: Mortgage repossession	2 months
3: Out of season holiday let	2 weeks
4: Let to student by an educational institution	2 weeks
5: Property required for use by minister of religion	2 months
6: Demolition / redevelopment	2 months
7: Death of tenant	2 months
7a: Serious anti-social behaviour	4 weeks (periodic tenancy) 1 month (fixed-term tenancy)
7b: No right to rent in the UK	2 weeks
8: Serious rent arrears at time of service of notice and possession proceedings	2 weeks
Discretionary (judge can decide whether to award possession, if ground met)
9: Alternative accommodation available	2 months
10: Some rent arrears at the time of service of notice and possession proceedings	2 weeks
11: Persistent late payment of rent	2 weeks
12: Breach of tenancy agreement	2 weeks
13: Tenant deteriorated property	2 weeks
14: Nuisance/annoyance, illegal/immoral use of property	None – proceedings may be commenced immediately after service of notice
14A: Domestic abuse (social tenancies only – where victim has permanently left the property)	2 weeks
14ZA: Rioting	2 weeks
15: Tenant has deteriorated furniture	2 weeks
16: Employment	2 months
17: False statement	2 weeks

1. Providers currently include TDS Resolution and the PRS Mediation Service although other providers may also be available. ↩