Private renting for tenants: evictions in England
Accelerated possession
Landlords can sometimes evict tenants using ‘accelerated possession’. This is quicker than a normal eviction and does not usually need a court hearing.
Your landlord can only do this if:
- you have an assured shorthold tenancy or a statutory periodic tenancy
- you have a written tenancy agreement
- they’ve given you the required written notice in the right form
- they have not asked you to leave before the end of a fixed-term tenancy
You can only stop accelerated possession if you can prove your landlord has not followed the rules listed above. You can get free legal advice through the Housing Loss Prevention Advice Service.
How it works
If your landlord applies for accelerated possession, the court will send you:
- a copy of your landlord’s application
- a ‘defence form’
Fill in the defence form to challenge the application or write a statement outlining your circumstances.
You can get help filling in the defence form from the Housing Loss Prevention Advice Service.
You must complete and return the defence form or statement to the court within 14 days of receiving it.
If your landlord applied for possession before 3 August 2020
If your landlord wants to continue with their claim for possession they must make another application to the court. You will get a copy of your landlord’s application and instructions from the court on how to challenge the application.
The judge’s decision
A judge will decide whether to:
- issue a possession order, giving your landlord the right to evict you and take possession of the property (this is normally the case)
- have a court hearing (this usually only happens if the paperwork is not in order or you’ve raised an important issue)
Even if there’s a hearing, the court can still decide to issue a possession order.
If the judge issues a possession order
If the judge makes a possession order, you’ll normally have 14 or 28 days to leave the property. If this will cause you exceptional hardship, the judge may give you up to 42 days to leave.
If you do not leave at this point, your landlord can use bailiffs to evict you.