Private renting for tenants: evictions in England
Eviction court hearings
If your landlord goes to court to evict you, there will be a ‘possession hearing’.
Your landlord must give you the proper notice before going to court to evict you.
From 1 May 2026, there will be different rules if you have an assured periodic tenancy (APT).
Before the hearing
You’ll know your landlord is taking you to court to evict you because you’ll be sent court papers, including:
- copies of ‘claim for possession’ forms
- a defence form
- a date for your court hearing
The defence form is your chance to say why you owe rent or if you disagree with anything your landlord put on the ‘claim for possession’ forms. The judge will use the form to understand why you think you should remain in your home.
You need to return the form to the court within 14 days.
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.
If you do not attend your court hearing, it’s very likely the judge will decide you’ll lose your home.
If your landlord completed a claim for possession form online
You may be able to fill in the defence form online. The court will contact you to tell you if you can. They’ll also tell you how to access the service.
If you need help before the hearing
If your landlord gives written notice that they need you to leave your home, you can get free legal advice from the Housing Loss Prevention Advice Service.
They can help you fill out the defence form.
During the hearing
If you have not received advice before, you can get free legal advice and representation in court on the day of the hearing. This is under the Housing Loss Prevention Advice Service. For more information, contact the court where your case is being heard or the Housing Loss Prevention Advice Service.
If the service is not available in your area, check with the court whether there are other advice services.
You can also check if you can get legal aid.
The charity Shelter has information on what happens at a possession hearing.
The judge’s decision
The judge could:
- make a ‘possession order’ - the judge will make a legal decision on when you may be required to leave the property
- make a ‘money order’ - the judge will make a legal decision on what you’ll need to pay the landlord
- adjourn the hearing - the hearing will be delayed until later, as the judge feels a decision cannot be made that day
- dismiss the court case - no possession order or money order will be made and the hearing is finished
The judge will dismiss the case if there is no reason you should be evicted. This might happen if:
- your landlord has not followed the correct procedure
- your landlord has not provided enough evidence to support their claim
- your landlord or their representative does not attend the hearing
- you’ve paid any rent arrears
If the judge dismisses the case
You can stay in your home. The judge may make an order awarding you reasonable costs.
If the landlord still wants to evict you after the case has been dismissed, they’ll have to restart the court process from the beginning.
Types of possession order
There are several different kinds of orders a judge can make.
Order for possession (or ‘outright possession order’)
This means you must leave the property before the date given in the order. The date you must leave the property will depend on the reason why the court has made the order for possession.
The judge will choose the date based on the reason for the order for possession. The judge will also consider your circumstances.
If you show proof to the judge that you’re in an exceptionally difficult situation, you may be able to delay the date you have to leave by up to 6 weeks.
If you do not leave your home by the date given, your landlord can ask the court to evict you by applying for a ‘warrant for possession’. If the court gives a warrant, you will be sent an eviction notice that gives a date when you must leave your home.
Suspended order for possession
This means that you can stay in your home if you:
- make the payments stated in the order
- obey any other conditions stated in the order
If you do not make the payments or obey the other conditions, your landlord can ask the court to evict you.
Money order
This means you have to pay the landlord the amount set out in the order. If you do not make the payments, action could be taken by the courts to recover the money, including:
- deducting money from your wages or bank account
- sending bailiffs to take away things you own
If you get into rent arrears after a money order has been made, your landlord can go to court again and ask for a possession order.
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
- court fees
- your landlord’s legal costs
The money judgment will not apply if you pay your arrears and the amount set out in a suspended possession order.
However, the money judgment will apply if you do not pay the amount set out in the suspended possession order that’s linked to the judgment. If you do not pay, the landlord may ask the court to carry out the instructions in the order and the judgment.
If you want to appeal against a possession order or a money order
You can only appeal if you can show the judge made mistakes in the original possession hearing. You’ll need to ask the judge for permission to appeal at the end of the original hearing. You’ll also need to ask for the reasons for their decision.
You have 21 days from the date the judge made the possession order to file an appeal document at court (known as a ‘notice of appeal’). If the judge did not give you permission at the end of the hearing, you’ll need to ask for permission as part of your notice of appeal.
You’ll have to pay a £171 court fee, unless you qualify for financial help. You’ll need to get legal advice about how to appeal.
You may be able to get legal aid if you’re on benefits or a low income.