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This guide is for tenants who:Ìý

• rent aÌýpropertyÌýin England from a private landlordÌý

• had anÌýassured orÌýassuredÌýshortholdÌýtenancyÌý

• receivedÌýaÌýnotice to leave the propertyÌýbefore 1 May 2026 and that notice had not expiredÌýon orÌýbeforeÌý30 April 2026Ìý

When your landlord gave you notice to leave the property this is sometimes known as ‘seeking possession’.Ìý

The notice could have either been a section 8 notice using Form 3, or a section 21 notice using Form 6A.ÌýÌý

If you have received a notice of possession from your landlord, they are starting the possession action process. This isÌýwhereÌýyour landlord may be able toÌýget aÌýpossessionÌýorderÌýfrom the court.ÌýThe possession order means that you will legally have to leave your home.ÌýIf you do not leave,Ìýyour landlord can get bailiffs to evict you.Ìý

This guide explains how the possessionÌýactionÌýprocess worksÌýandÌýyour rights and optionsÌýduring the process.ÌýÌý

If you haveÌýreceived a noticeÌýof possession on orÌýafterÌý1 May 2026, you needÌýto refer toÌýthe ±è´Ç²õ²õ±ð²õ²õ¾±´Ç²ÔÌý²µ³Ü¾±»å²¹²Ô³¦±ð forÌýtenants who have been given aÌýsectionÌý8 noticeÌýon orÌýafterÌý1 May 2026.ÌýÌý

This guidance may apply if you are in a shared property. However, in certain cases your rights and responsibilities will vary.ÌýThisÌýguidance does not cover:Ìý

• Ìý(people who live with their landlord)Ìý

• people on a licence to occupyÌý(for example, those who live in tied accommodation related to their employmentÌýandÌýproperty guardiansÌý

• tenants living in a property which is not their main or only homeÌý(for example,Ìýa holiday let)Ìý

However, this is not a full list. You should take legal advice if you are unsure if this guidance will apply to you. 

Separate guidance is available forÌýsocial housing tenants.ÌýÌý

Private renting laws are different across the UK,Ìýso differentÌýguidance has been published about the possession action processÌýfor private tenantsÌýinÌý,ÌýÌýandÌý.ÌýÌý

If youÌýown and live in yourÌýpropertyÌýand are worried about yourÌýmortgage lender repossessing your home,Ìýseparate guidance is available on repossession.Ìý

Harassment or unlawful evictionÌý

It is unlawful for your landlord to harass you. It is also unlawful for your landlord to force you to leave your homeÌýwithout following theÌýcorrectÌýlegal process. You can find more information about harassment andÌýunlawfulÌýevictions, and what you can do if you are affected, in theÌýharassment and illegal evictions guidance.ÌýÌý

Stage 1: What to do when you are served with a noticeÌýof possessionÌý

Your landlordÌýcould have served you with aÌýsection 8Ìýnotice or aÌýsectionÌý21 notice toÌýgive you notice to leave (seek possession). If your landlordÌýserved you with aÌýsectionÌý8ÌýorÌýsectionÌý21Ìýnotice, you shouldÌýread the notice carefully andÌýfollow theÌý2 steps below.Ìý

1. Seek advice about your circumstancesÌý

You can access free legal advice through theÌýHousing Loss Prevention Advice Service orÌýcontactÌýCivil Legal AdviceÌýfor more information about the governmentÌýfunded supportÌýthat may beÌýavailable to you.Ìý

For more information about these services and other places you can go to access support,Ìýrefer toÌýannexÌýA:Ìýfurther advice and supportÌýfor information about where you can get help and support.Ìý

2. Contact your landlord or letting agentÌý

YouÌýcouldÌýtalk to your landlord or letting agentÌýas theyÌýmayÌýletÌýyou stayÌýifÌýyou can resolveÌýtheÌýissues that ledÌýtoÌýtheÌýpossessionÌýnotice.ÌýIf yourÌýlandlord is seeking possessionÌýbecause you owe them rentÌý(rent arrears),ÌýtheyÌýcould agree toÌýyouÌýstayingÌýifÌýyou canÌýprove that you can repayÌýthe amount you owe.Ìý

You and your landlord can try mediation to agree to a solution which suits you both, avoiding the need to go to court.ÌýÌý

Unlawful discriminationÌý

It is unlawful for a landlord to end your tenancyÌýbasedÌýonÌýone or more of theseÌýprotected characteristics:Ìý

• disabilityÌý

• gender reassignmentÌý

• pregnancy and maternityÌý

• raceÌý

• religion or beliefÌý

• sexÌý

• sexual orientationÌýÌý

In some circumstances, it may be possible to prevent the eviction ifÌýyourÌýlandlordÌýisÌýdiscriminatingÌýagainst you.Ìý

ÌýFor example:Ìý

• because of your genderÌý

• if the landlord refused to make changes for a disability you may haveÌýÌý

• if you feel you are being evicted because you complained about discrimination before (this is known as victimisation)ÌýÌý

Ìý

.Ìý

However, youÌýcanÌýseek legal adviceÌýbefore challenging an eviction notice because of discrimination, including disability discrimination.ÌýRefer toÌýannexÌýA:Ìýfurther advice and supportÌýfor information about where you can get help and support.Ìý

If youÌýwereÌýserved with aÌýsectionÌý8ÌýnoticeÌý

You may be able to challenge the claim for possession and stay for 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 and the courtÌýdecidesÌýin their favour.Ìý

Your landlordÌýmust have providedÌýa reason for giving you aÌýsectionÌý8Ìýnotice. There are several reasons, or grounds, for serving aÌýsectionÌý8ÌýnoticeÌýsuch as:ÌýÌý

• owing rent (rent arrears)Ìý

• damage to the propertyÌý

• causing a nuisance to neighbours (antisocial behaviour)Ìý

• breach of termsÌýin your tenancy agreementÌý

• the landlordÌýneedsÌýto move back into the propertyÌý

• the property is being repossessed by the mortgageÌýproviderÌý

The list does not cover all the reasonsÌýwhyÌýyour landlordÌýhas given you a section 8 notice before 1 May 2026.ÌýA full list of the section 8 grounds before 1 May 2026 is atÌýannexÌýB.Ìý

If you were served a Section 8 notice on or afterÌý1 May 2026Ìýplease refer to the notices of possession guidance for after 1 May as the possession grounds have changed.

Grounds for possessionÌý

ThereÌýare twoÌýtypes of grounds your landlord could have usedÌýwhen they gave you a section 8ÌýnoticeÌýto leave the property.ÌýÌý

Mandatory groundsÌý

The court must giveÌýyour landlordÌýan order forÌýpossessionÌýifÌýtheyÌýcan prove the reasonÌýthey have usedÌýapplies.ÌýThe order will give the date that you need to leave. If you do not leaveÌýby that date, your landlord can apply to the court to evict you.ÌýÌý

Discretionary groundsÌý

The court can decide whether to grant possession, even if the grounds are proven.Ìý

If your landlord has used both mandatory and discretionary grounds, the court will check if the mandatory grounds areÌýproved. If not, they will review the discretionary groundsÌýandÌýmake a decisionÌýbased on those.Ìý

What to do nextÌý

YouÌýshouldÌýcheckÌýthat:Ìý

• the noticeÌýof possessionÌýwasÌýserved correctlyÌýÌý

• the information providedÌýin theÌýnotice of possession was correct and sufficientÌý

• the grounds the landlord usedÌýare justifiedÌý

You can contest the landlord’s claimÌýfor any of theseÌýreasons, or because of discrimination or disability.ÌýHowever, youÌýcanÌýseekÌýlegal advice on your circumstances.ÌýRefer toÌýannex A:Ìýfurther advice and supportÌýfor information about where you can get help and support.ÌýÌý

Checking the section 8 noticeÌý

ToÌýserve a validÌýsectionÌý8Ìýnotice, your landlord must haveÌýusedÌýForm 3,Ìýor a formÌýwhichÌýcontainsÌýthe same information.ÌýÌý

The date by which you must leaveÌýto avoid possession proceedings being issuedÌýwill depend on the reason that your landlordÌýwantsÌýyou to leave.ÌýThe date couldÌýhaveÌýbeenÌýbefore or after 1 May 2026. The sectionÌý8ÌýnoticeÌýmustÌýexplain what grounds your landlord is using toÌýtake back possession.ÌýYouÌýcan find details of the notice periods for each of these grounds atÌýannexÌýB.Ìý

If you think that the ground your landlord is trying to use does not apply to your circumstances, you can state this in your defence if the case goes to court. Describe any relevant changes in your circumstances, for example, you could explain that you have paid off rent arrears that you previously owed.

Time limits for starting court actionÌý

If you have not left the property by the day before the date in the notice and your landlord needs to go to court toÌýtakeÌýback possession, they have time limits in which to apply.ÌýThey must apply to court to start possession proceedings either within 12 monthsÌýfrom the date they gaveÌýyou the notice of possession, or by 31 July 2026, whichever is earliest.ÌýÌý

If they do not do this the notice of possession will expire, and the landlord cannot use it to start proceedings at court. They will need to restart the process and follow new rules and notice periods which came into effect on 1 May 2026 when serving a new section 8 notice.ÌýRefer toÌýtheÌýpossession guidanceÌýfor tenants who have been given a section 8 notice on or after 1 May 2026.Ìý

Breathing spaceÌý

DifferentÌýtime limits may apply if your landlord is seeking possession because you owe them rent and you are in a breathing space for debt.ÌýÌý

If your landlordÌýis seeking possessionÌýusing a section 8 noticeÌýbecause you owe them rent, theyÌýcannot start court proceedings for possession whilst you are in a breathing space.ÌýOnce the breathing space ends,Ìýif the notice of possession has expired,Ìýyour landlord will have 8 weeks to start courtÌýproceedingsÌýto take back possession.ÌýThe 8 weeksÌýbeginsÌýon the date thatÌýthe breathing space ends.Ìý

If theÌýsection 8Ìýnotice has not expired when the breathing space ends your landlord canÌýalsoÌýgetÌýan extension if, whenÌýthe breathing space ends,ÌýthereÌýare fewerÌýthan 8 weeksÌýremainingÌýbefore the noticeÌýwillÌýexpire.ÌýIn these circumstances the landlordÌýwill have 8 weeks to start proceedingsÌýbeginning withÌýthe date that the breathing space ends.Ìý

IfÌýyouÌýwereÌýserved with aÌýsectionÌý21ÌýnoticeÌý

Section 21Ìýnotices applied to assured shorthold tenancies only.Ìý

You mayÌýbe able to challenge the claim for possession and stayÌýforÌýlonger in your home. However, you should think carefully before doing this because you may have to pay court costs if your landlord issues court proceedingsÌýand the courtÌýdecidesÌýin their favour.Ìý

YouÌýcanÌýgetÌýlegal advice about this.ÌýÌýPlease seeÌýannexÌýA:Ìýfurther advice and supportÌýfor information about where you can get help and support.Ìý

Checking if theÌýsectionÌý21Ìýnotice is validÌý

You can check that the noticeÌýof possessionÌýis valid.ÌýÌý

ToÌýtake backÌýpossession of the property usingÌýsectionÌý21, the landlord must have completed the following steps, although not all of these will be relevant to every tenancy.

Your landlord must have:Ìý

• given you at least 2 months’ notice to leave before applying to the court for a possession order

ÌýYou may be entitled to more thanÌý2Ìýmonths’ noticeÌýif you had a periodic (rolling) tenancy agreementÌýfrom the start of the tenancy.ÌýThe date youÌýhave toÌýleave couldÌýhaveÌýbeenÌýbefore or after 1stÌýMay. However, if givingÌýyou theÌýamount ofÌýnotice you are entitled toÌýmeans thatÌýyou have untilÌý31 July 2026Ìýor later to leave the propertyÌýyour landlordÌýwill not be able to issue section 21 possession proceedingsÌýwith the courtÌýif you do not leave the property.Ìý

• started court proceedings in timeÌýÌýÌý

Your landlord can only apply to courtÌýfor a possessionÌýorderÌýusing aÌýsection 21 notice up to and including whichever date comes first:Ìý

• 31 July 2026Ìý

• the date that is 6 monthsÌýbeginning withÌýthe dateÌýtheyÌýgaveÌýyouÌýthe notice.ÌýÌý

IfÌýyou agreed to a periodic or rolling tenancy withÌýyour landlord, theyÌýmay have longer than 6 monthsÌýfrom the date that they gave you the noticeÌýto apply to the court for a possession order.ÌýHowever,Ìýyour landlord can only apply using a section 21 notice up to and including whichever date comes first,Ìý31 July 2026 or the date that the section 21 notice expires.ÌýYou can seek advice fromÌýÌýorÌýÌýif you think this applies to you.Ìý

• given you the noticeÌýmoreÌýthan 4 months afterÌýyouÌýmoved in

IfÌýyour tenancyÌýstartedÌýon or after 1ÌýJanuaryÌý2026 your landlord will not have been able to give you a section 21 notice.Ìý

• usedÌýform 6A when giving notice YourÌýsectionÌý21Ìýnotice will only be valid if your landlord usedÌýform 6A or a documentÌýwithÌýthe same informationÌýasÌýtheÌýform.ÌýÌý

• provided you with the right documents about your home and your rights and responsibilities as a renter

This includes:Ìý

• a valid gas safety certificate if there is a gas installation in the propertyÌýÌý

• an energy performance certificateÌýÌý

• the version of theÌýHow to rent guideÌýwhich was most up to date when your contract started or was renewedÌý

• not been served with an improvement notice or notice of emergency remedial action by the council in the 6 months before they gave you the section 21 notice

Your landlord cannotÌýhave used section 21 if they receivedÌýan improvement notice or a notice of emergency remedial action from the councilÌý(including if they have received the notice following a complaintÌýyouÌýmade)Ìýin the 6 monthsÌýbefore they gave you theÌýsection 21Ìýnotice. This notice would have begun with the date on which the notice was served on them.ÌýYour council will tell you if your landlord has been sent an improvement notice or notice of emergency remedial action to make repairs.ÌýHowever, if you were given a section 21 notice before the council contacted your landlord about repairs, that notice may still apply.

If yourÌýlandlordÌýreceived an improvement notice or notice of emergency remedial action from the council on or after 1 November 2025,ÌýtheyÌýwill not usually have been able to giveÌýyouÌýa section 21Ìýnotice.ÌýAnÌýexception to this is if the improvementÌýnoticeÌýor notice of emergency remedial action wasÌýcancelled. ForÌýexample,Ìýif theyÌýappealedÌýbefore 1 May 2026.ÌýÌý

• protected your deposit, where one was taken,Ìýin aÌýgovernmentÌýapproved deposit protection scheme. Your landlord should have protected your deposit and given you the required details within 30 days. This includes information about:Ìý

• where your deposit is heldÌýÌý

• how to resolve a disputeÌýÌý

• how to get your deposit back when you leaveÌý

If your landlord didÌýnot protect your depositÌýorÌýprovide the required details, they must have returnedÌýthe depositÌýin full before they could have served you with aÌýsectionÌý21 notice.Ìý

• obtainedÌýor applied forÌýaÌýlicense if the property needed one.Ìý You can check with your local councilÌýifÌýtheÌýproperty needs a licence.ÌýThisÌýdoes not apply if your landlord has applied for a temporary exemption.Ìý

• returnedÌýthe fees that they were not allowed to charge you.Ìý The law says that your landlord is only allowed to take certain payments.ÌýIf you paid a payment to your landlordÌýthat theyÌýshouldÌýnot haveÌýcharged, they cannotÌýserve you with aÌývalidÌýsectionÌý21Ìýnotice until the money is repaid.ÌýYou should takeÌý ifÌýyou thinkÌýthis applies toÌýyou.ÌýA legal adviser will be able to tell youÌýwhetherÌýor notÌýthe fees you have been charged were lawful on the date youÌýwereÌýcharged them.

LeavingÌýthe propertyÌýbefore theÌýsection 8 or section 21Ìýnotice expiresÌý

Leaving before your notice expires may be the bestÌýoption. It can help you avoid legal proceedings andÌýhaving to payÌýyour landlord’s costs if the court rules in their favour. YouÌýshould discuss your circumstances with yourÌýlandlord, whoÌýmay agree to write off any arrearsÌýif you move outÌýas this willÌýsaveÌýthemÌýcourt costs.ÌýÌý

Before moving out, you should get legal advice so that you are clear about the legal position.ÌýRefer toÌýannex A: further advice and supportÌýfor information about where you can get help and support.Ìý

You should also:Ìý

• contact your local council for advice about your housing options, especially if you are struggling to find somewhere to liveÌý

• tell your landlord when you are leavingÌýorÌýthat you have leftÌý

• return the keysÌý

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

If you stay in your home after the notice periodÌýhas expired, your landlord can apply to the courtÌýfor a possession order.ÌýYour landlord can usually only apply to court untilÌý31 JulyÌý2026, or soonerÌýifÌýthe possession notice they gave you expires beforeÌý31 July.

This is called making a possession claim.ÌýIf they do this theÌýcourt will send you:Ìý

• copies of the landlord’s claimÌýdocumentsÌý

• a defence form for you to completeÌý

• if your landlordÌýuses the standard possession procedure,Ìýinformation about the address of the court where the case will be heard and the date of the court hearing. You can find theÌýÌýfor the courtÌýat which your hearing is being held.Ìý

Standard possession procedureÌý

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.Ìý

The court will also send you details about how toÌýgetÌýfree advice on your circumstances.Ìý

Court hearings for possessions are usually held in the county court nearest your home. You should let the court know as soon as possible if you have anyÌýspecial requirementsÌýor need reasonable adjustments. For example, if you need extraÌýassistanceÌýto access the building or take part in the hearing.Ìý

You or your landlord canÌýwrite to the court asking for the hearing to take place remotely.ÌýBoth parties must agree to a remote hearing, butÌýaÌýjudge will decide how the hearing proceeds.Ìý

Section 21 only:ÌýAccelerated possession procedureÌý

If your landlord used a section 21 notice theyÌýcan apply to the court using the accelerated possession procedureÌýwhich doesÌýnot require a court hearing.ÌýYour landlordÌýwill not have to give the courtÌýa reasonÌýwhyÌýthey want youÌýto leave the property.Ìý

You should file a defence if you believe your landlord is not entitled to possessionÌýof the property.ÌýFor example, if you think the notice served wasÌýnotÌývalid.ÌýÌý

You can also ask for a delay in possession due to extreme hardship.ÌýFor example, if you have a serious illness or disability that makes it difficult to leaveÌýthe propertyÌýwithin 14 days.Ìý

For accelerated possession claims, there will only be a hearing if the judge believes the legal position needs clarification, or if you need extra time (up to 6 weeks) to move due to extreme hardship.Ìý

Section 8 andÌýsection 21:Ìýthe defence formÌýand counterclaimsÌý

The court will give you instructions on how to get advice about defending the possession claim.Ìý

The defence form lets you contest the landlord’s claim. For example, if your landlord has not followed the correct procedure.ÌýIfÌýyour landlord usedÌýsectionÌý8, you could use the defence form toÌýstateÌýwhyÌýthe reasonsÌýthey have usedÌýfor theÌýeviction are invalid.ÌýThis could include if your circumstances have changed since they gave you the notice. For example, if you have paid back any rent you owed.Ìý

If your landlord is using the accelerated processÌýunder section 21,ÌýtheÌýdefence form isÌýlikely yourÌýonly chance to contest the claimÌýasÌýhearingsÌýdoÌýnot usually happenÌýforÌýtheÌýacceleratedÌýsection 21Ìýprocess.Ìý

You can explain on the form why you believe the landlord should not be able toÌýtake backÌýpossession of theÌýproperty andÌýmake a counterclaimÌýif this is relevant to your case.Ìý

You have 14 days to return the form.Ìý

If you have difficultyÌýfillingÌýinÌýthe form, you can send the court a short statement explaining your circumstances and why the possession order should not be made.Ìý

If sending by email:Ìý

• you can only send one email, which should include the case reference number.Ìý

• it must be underÌý10Ìýmegabytes, including attachmentsÌý

• the total document length should not exceed 25 pagesÌýwhen printedÌý

Make sure you seek advice andÌýsubmitÌýyour defence or a statement before theÌýdeadlineÌýto avoidÌýadditionalÌýcourt fees due to delays.Ìý

If your landlord used Possession Claims OnlineÌý(section 8 claims for rent arrears)Ìý

If your landlord usedÌýtheÌýÌýprocess,Ìýthe courtÌýwillÌýprovide you with a username and passwordÌýso youÌýcanÌýlogin and respond to your landlord’s claim.ÌýÌý

Contact the Possession Claim Online help desk if you need help or advice.ÌýÌý

Telephone: 0300 123 1056 - Monday to Friday 8:30am to 5pm Email:ÌýPCOLITassistance@justice.gov.ukÌý

CounterclaimsÌý

A counterclaim is when you tell the court that the landlord has broken the law or not followed the rules.ÌýFor example:ÌýÌý

• if your tenancy depositÌýwasÌýnotÌýprotectedÌýÌý

• if repairsÌýwereÌýnotÌýmade to the propertyÌý

• the landlord has discriminated against youÌý

To make a counterclaimÌýyou shouldÌýreturn the defence form to the court as soon as possible. You can send it by email or post.ÌýIf you make a counterclaim you will need to pay a fee.ÌýThe amount that you will have to pay depends on theÌýdetailsÌýof the case.Ìý

Help filling outÌýyour defence formÌý

You can get free helpÌýthrough the Housing Loss Prevention Advice Service (HLPAS). AÌýlegal adviserÌýmayÌýbe able toÌýhelp you to complete your defence form. This may help to prevent the loss of your home.Ìý

GovernmentÌýfunded legal advice is also available throughÌýCivil Legal Advice CLAÌýif you are on a low income.Ìý

Alternatively, you can find a list of legal aidÌýadvisersÌýusing theÌý.ÌýYou will need to enter your postcode and select the ‘Housing’ option.ÌýÌý

You can also seek advice from  o°ù .Ìý

Refer toÌýannex A:ÌýFurther advice and support for information about where you can get help and support.Ìý

Stage 3: What you need to do before theÌýcourtÌýhearingÌý

YouÌýshouldÌýfollow the instructions provided in the papers sent to you by the court as there may beÌýextra steps you need to take.Ìý

Before the hearing, you should receive all documents related to the case, including the landlord’s claim form. The landlord mustÌýsubmitÌýthese documents when making a claim. If youÌýhave notÌýreceived them, inform the duty adviser or judge on the day of the hearing.Ìý

You and your landlord should try to reach a settlement before the hearing.ÌýFor example, your landlordÌýmay agree toÌýletÌýyouÌýstay in your home if you repay any rentÌýowedÌýthrough a monthly plan.ÌýÌý

A legal adviser may help you reach a settlement with your landlord before the court hearing. You can find a list of legal aidÌýadvisersÌýusing theÌý. You will need to enter your postcode and select the ‘Housing’ option.ÌýÌý

Refer toÌýannexÌýA: Further advice and supportÌýfor information about where you can get help and support.Ìý

Stage 4: Attending a hearingÌý

Before attending court, itÌýis important that you checkÌýwhat to expect when coming to a court or tribunal.Ìý

At a county court possession hearing, a judge decides whether the landlord should be granted possession of the property.ÌýIt is important that you attend the court hearing if you can. The judge will hear from both you and your landlord.ÌýÌý

If you are attending the hearing in person, you should bring your hearing letter with your case number.ÌýThis will help you to find where you need to go in the building.ÌýYou should bring any relevant paperwork to showÌýthe court,Ìýfor example:Ìý

• details of your incomeÌý

• the possession noticeÌý

• the paperwork and documents sent to you by the courtÌý

• any defenceÌýyouÌýsent to the court before the hearingÌý

• details of any legal help or representationÌýyou’veÌýalready hadÌý

You should also bringÌýany evidence you haveÌýof why you think that the grounds, or reasons,Ìýthe landlord has givenÌýforÌýseeking possessionÌýareÌýnot valid,ÌýorÌýofÌýwhy you are making a counterclaimÌýagainst your landlord.ÌýÌý

Examples of evidence you should bring will be different depending on your circumstances.ÌýÌý

They may include:ÌýÌý

• a copy of your tenancy agreementÌýÌý

• bank statements showing money in your bank accountÌý

• a letter about a new job or an increase in the hours you workÌýÌý

• details of any pending benefits claims and documentation from DWPÌý

• proof that you have paid the rent and do not owe the amount that your landlord says you doÌýÌý

• proof that the landlord did not serve you the correct notice or give the correct notice periodÌý

• photos or videos of the condition of the propertyÌý

• letters or emails showing that the landlord has not taken your individual needs into account when communicating with youÌý

You canÌýÌýsuch as a solicitor and bring them to represent you. YouÌýcanÌýalsoÌýbring a friend or family member for support.ÌýÌý

If you do not have a legal adviser at the court hearing, youÌýmay be able toÌýget free legal adviceÌýand representation through theÌýHousing Loss Prevention Advice ServiceÌý(HLPAS).You should arrive at least 30 minutes before your hearing and speak to the court usher who will direct you toÌýanÌýadviser.Ìý

Your case is heard by a judge who willÌýmake a decisionÌýbased on the evidence provided by you and your landlord and on what the law says. They will consider all the evidence which has beenÌýsubmitted. They will also consider what you, your landlord, and your representatives say at the hearing.ÌýÌý

When you go into the hearing room you will be told who will speak and when.ÌýYou will be given time to ask any questions and give evidence to support your case. If you have a solicitor,ÌýbarristerÌýor legal adviser, 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 while you are in the hearing room.Ìý

The judge will decide based on theÌýlaw and theÌýevidence you and your landlord present.ÌýIf the landlord has used theÌýsectionÌý21 process and followed the correct legal steps, the judge may not be able to dismiss or delay the case.ÌýIf your landlord has used a section 8 ground, the judge may not dismiss the case if the landlord proves the ground.Ìý

Outcomes of the court hearingÌý

The judge could:Ìý

• make an outright possession orderÌýÌý

This means you will have to vacate the property by a date theÌýjudgeÌýsetsÌý

• make a suspended possession orderÌý

This means you will have to vacate the property if you do notÌýcomply withÌýcertain conditions which the judge will set out.Ìý

• adjourn the hearingÌýÌý

The hearing will be delayed until later, as the judge feels a decision cannot be made on the day.ÌýThe judge may give information on what you need to do next.ÌýÌý

• dismiss the court caseÌýÌý

IfÌýthe case is dismissed, it meansÌýthere’sÌýno reason you shouldÌýhave to leave the property.ÌýYou can stay in your home.ÌýThis might happen if:Ìý

• your landlord has not followed the correct procedureÌýÌý

• your landlordÌýhas failed to provide sufficient evidence to support their claimÌýÌý

• your landlord or their representativeÌýdoesÌýnotÌýattend the hearingÌý

• the grounds for possession are not proven or are invalid. For example,Ìýyou’veÌýproved that youÌýpaidÌýthe rent that youÌýowed.Ìý

IfÌýthe case is dismissed andÌýyou have incurred any legal costs, you can ask the judge to order the landlord to pay your costsÌýif you have any. The judge will then decide if your landlord should pay any of your costs.

If your landlord still wants you to leave the property, they’ll have to restart the court process from the beginning. However, theyÌýcannot give you a section 21 noticeÌýand will need toÌýuse section 8 and the grounds for possession whichÌýcame into effect on 1 May.

Types of possession orderÌý

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

Outright possession orderÌý

This means you must leave the propertyÌýbyÌýthe date in the order.Ìý

If you canÌýproveÌýthat youÌýwould beÌýinÌýextreme hardship, 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.Ìý

If a possession order is made and you do not leave your home by the dateÌýin the order, your landlord can ask the court to evict you by askingÌýit to grantÌýaÌýwarrant of possession.ÌýThis means that aÌýcourt bailiff willÌýevict you.Ìý

Suspended orders for possessionÌý

This means if you obey the conditions set out in the order,Ìýfor example, paying the rent you owe as agreed,Ìýyou can stay in your home.ÌýÌý

Suspended possession orders include a date on which you must leave the property.ÌýHowever,Ìýyou can stay in your home as long as you keep to the conditions.ÌýIf you breach the conditions set out in the order afterÌýthe date for possession in the order, your landlord can ask the court for aÌýwarrant of possessionÌýto evict you.Ìý

Possession orders with a money judgmentÌýÌý

A judge can add a money judgment toÌýany ofÌýthe possessionÌýorders, unlessÌýyour landlord has used the accelerated process. This means you owe a specific amount of money, usually made up of:Ìý

• the amount of rent you oweÌý

• court feesÌý

• your landlord’s legal costsÌý

If you have a suspended possession order, the money judgment willÌýalso be suspendedÌýon the same termsÌýand willÌýnotÌýbe enforcedÌýifÌýyou payÌýtheÌýmoneyÌýyouÌýoweÌýand the amount set out in the suspended possession order.ÌýIf youÌýdoÌýnotÌýpay,ÌýyourÌýlandlordÌýcanÌýapply to the court toÌýask county court bailiffs to evict you andÌýrecover the money owed in a separate court process.Ìý

Money orderÌý

If only aÌýmoney orderÌýis made,ÌýyouÌýmust pay an amount decided by the court, butÌýyouÌýdo not have to leave the property.ÌýYour landlord can apply to court toÌýrecover the moneyÌýowedÌýifÌýyouÌýdo not pay.ÌýÌý

AfterÌýthe court has made a money orderÌýyour landlordÌýmay be able toÌýask the court to:Ìý

• Ìýmake an order toÌýdeduct money from your wages or bank accountÌý

• send bailiffs to recover the debt, which could include taking awayÌýyourÌýbelongings to cover the amount owedÌý

IfÌýyour landlord wants to evict youÌýand only a money order was made,ÌýtheyÌýwill need to reapply to court for a possession order. However, they cannot give you a section 21 notice and will need to use section 8 and the grounds for possession which came into effect on 1 May.

Asking the court to change your paymentsÌý

If your circumstances change, you can ask a judge at a new hearing to change what you pay. To do this, you mustÌýapply usingÌýForm N244Ìýand either send or deliver it to the county court dealing with your case.Ìý

You’llÌýhave to pay a court fee of £313 if you want the court to tell your landlord that you are asking to change yourÌýpayments, unlessÌýyouÌýqualify for help with court fees.ÌýIf your landlord is already in agreement thatÌýyour payments can be changedÌýthe fee to make an application by consent is £123.ÌýÌý

Appealing the judge’s decisionÌý

You can only appeal the judge’s decision if you have proper legal grounds. For example:Ìý

• you can show that the decision was wrong because of a seriousÌýlegalÌýmistakeÌý

• the procedure was not followed properlyÌý

• your landlord did not provide you with the correct documentsÌýat the start of your tenancyÌýÌý

YouÌýwill have to apply for an appeal hearing soon afterwards as youÌýnormallyÌýonly have up to 21 days to appeal.ÌýYouÌýwill need toÌýuseÌýForm N161.ÌýYou’llÌýhave to pay a court fee of up toÌý£171, unlessÌýyouÌýqualifyÌýfor help.ÌýYou will need toÌýstateÌýyour grounds of appeal.Ìý

YouÌýwill need permission to appeal.ÌýIf the judge refused permission to appeal at the hearing, or if youÌýdidÌýnotÌýask for permission at the hearing,Ìýyou’llÌýneed to requestÌýpermissionÌýas part of your application.ÌýThis is also done using Form N161.Ìý

If you are on a low income,ÌýyouÌýcan haveÌýan initialÌýdiscussion with an adviser to find out about theÌýgovernmentÌýfunded support available to you by contacting Civil Legal Advice (CLA).ÌýÌý

Alternatively, you can find a list of . Enter your postcode and select the ‘Housing’ option.Ìý

Refer toÌýannexÌýA: Further advice and supportÌýfor information about where you can get help and support.Ìý

Asking the court toÌýset asideÌýthe possession orderÌý

You can apply to have the possession order cancelledÌý(set aside) ifÌýyouÌýhad good reason which prevented you fromÌýattendingÌýthe hearing. For example,Ìýbecause you were away from home or unwellÌýand you would have had a good chance of defending the landlord’s claim if you had been able to attend.Ìý

You can apply by filling outÌýForm N244.ÌýYou’llÌýhave to pay a court fee of £313 if you want the court to tell your landlord that you are asking the court to set aside theÌýorder, unlessÌýyouÌýqualify for help.ÌýÌýIf your landlord is already in agreement that the possession order should be set aside the fee to make an application by consent is £123.Ìý

You will need to apply to have the orderÌýcancelledÌý(set aside)Ìýas soon as you know that the court has made a possession order.ÌýÌý

You should explain to the court why you do not think that they should have made a possession order.Ìý

The court will normally set a date for a hearing and provide you with at least three days’Ìýnotice.ÌýÌý

Stage 5:ÌýWarrantsÌýandÌýbailiffsÌý

If your landlord has been granted a possession order by the court, seek advice as soon as you can.ÌýYou shouldÌýnot wait until you are about to be evicted by bailiffs before seeking advice.ÌýIf you ask for help early, you are more likely to be able to stay in your home.Ìý

The landlord can apply for a warrant or writ for possession if you:ÌýÌý

• stay in the property after the date specified in an outright possession orderÌý

• have breached the conditions of a suspended possession orderÌý

Warrants and writs of possession are documents whichÌýallowÌýa bailiff or High Court Enforcement Officer to:Ìý

• enter your homeÌýÌý

• evict you from the propertyÌý

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.ÌýÌý

If you do not leave, you will be evicted atÌýtheÌýdate and timeÌýshown on the evictionÌýnotice.ÌýSome of the costs of evicting you may be added toÌýanyÌýmoney you owe.Ìý

County Court bailiffs and High Court Enforcement OfficersÌýmust not use violence or offensive language when evicting youÌýnorÌýmust theyÌýdamage your belongings.ÌýThey cannot keep your belongings to pay for court costs or for rent arrears, unless the court makes a separate order that says they can do this.Ìý

If you leave belongings behindÌý

Whenever possible, you should take your belongings with you when you leave the property.ÌýYou should not leave any pets behind.Ìý

If you do leaveÌýanyÌýpersonal belongings behind, your landlord willÌýbe responsible forÌýmaking sure that they are kept safeÌýfor a reasonable amount of time.ÌýYou may be chargedÌýadditionalÌýcosts. For example, the costs of storing your belongings.Ìý

You may be able to claim money from your landlord if they dispose of your belongings without your permission.Ìý

Applying to suspend the warrant or writÌý

In certain circumstances you can apply to suspend the warrant or writ before the date of the eviction. If successful, this will mean that the eviction is delayed or will notÌýproceed. A judge will not automatically agree to suspend the warrant.ÌýÌý

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

However, you shouldÌýgetÌýadvice on whether an application to suspend the warrant is likely to succeed and is the bestÌýoptionÌýto resolve your case. You can haveÌýan initialÌýdiscussion with an adviser to find out about the legal support available to you by contacting Civil Legal Advice (CLA). CLA may be able to put you in touch with a solicitor, local lawÌýcentreÌýor advice agency to help.Ìý

Alternatively, you can contact a housing expert directlyÌýfor help with your case. You canÌýfind a list of .ÌýYou will need to enter your postcode and select the ‘Housing’ option.Ìý

You could also contact the housing charityÌýÌýorÌý.Ìý

Reasons why a warrantÌýor writÌýcould be suspendedÌý

The circumstances in which a warrantÌýor writÌýmay be suspended includeÌýif:Ìý

• you received an invalidÌýsection 21 notice but there was no court hearingÌý

• your landlord has used a discretionary groundÌýfor seeking possessionÌýandÌýsuspending the bailiff’s warrant is reasonableÌý

• your landlord agrees to let you stayÌý

What happens nextÌý

There will be a new hearing.ÌýIf you do not have a legalÌýadviserÌýat the court hearing, you can get free legal adviceÌýand representationÌýthroughÌýtheÌýHousing Loss Prevention Advice Service (HLPAS).ÌýFor more information about these services and other places you can go to access support, seeÌýannexÌýA: furtherÌýadvice and support.Ìý

If one or more of the circumstances above applies in your case, theÌýjudge may decide to delay the eviction or let you stay in your home.Ìý

If theÌýjudge does not accept that you have a valid reason to stay, or that the eviction date should be delayed, then the eviction willÌýproceed.Ìý

AnnexÌýA:Ìýfurther advice and supportÌý

The Housing Loss Prevention Advice ServiceÌý

°Õ³ó±ð Housing Loss Prevention Advice ServiceÌý(HLPAS)Ìýcan provide free legal advice and representation.Ìý

A legal adviser funded by the government will work with you to find out why your landlord is looking toÌýevict you. They will recommend potential solutions.ÌýÌý

For example, they may be able toÌýprovideÌýlegal advice on:Ìý

• illegal evictionÌý

• housing disrepairÌý

• rentÌýarrearsÌýÌý

• welfare benefitsÌýÌý

• payments and debtÌý

Civil Legal AdviceÌý

You can haveÌýan initialÌýdiscussion with an adviser to find out about theÌýgovernmentÌýfundedÌýsupport available to you by contacting Civil Legal Advice (CLA).ÌýCLA may be able to put you in touch with a solicitor, local law centre or advice agency that can help you.ÌýÌý

• ·É±ð²ú²õ¾±³Ù±ð: /civil-legal-adviceÌý

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

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

Find a legal aid adviserÌý

You can find a list of legal aid advisers using theÌý. Enter your postcode and select the ‘Housing’ option.ÌýÌý

Contact your local councilÌý

You can askÌýyourÌýlocal councilÌýfor help as soon as you get a notice seeking possession. They may help you to stay in your home, including negotiating with your landlord, or help you to find alternative accommodation.ÌýÌý

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

Other places you can go to seek helpÌý

You can also seek advice fromÌýÌýorÌýÌýif you were served with aÌýsectionÌý8 orÌýsectionÌý21 notice.Ìý

If you are not eligible for legal aid, you can pay for a solicitor to give you advice. You can find a solicitor at:ÌýÌý

Ìýcan provide free and impartial help with money.ÌýÌý

AnnexÌýB:Ìýminimum notice periods underÌýsectionÌý8Ìýof the Housing Act 1988 in EnglandÌý

These grounds (reasons for the eviction) and the notice periods are only relevant if your landlord issued you a notice beforeÌý1 May 2026.ÌýTheÌýgrounds and notice periods for noticesÌýserved afterÌý1 May 2026Ìýhave changed andÌýareÌýlisted inÌýtheÌýgrounds for possession page.ÌýÌý

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

There is an exception for the antisocial behaviour grounds 7a and 14. If either of these grounds are used, the notice period for the antisocial behaviour ground would apply. If both grounds 7a and 14 are used, the notice period providedÌýunder groundÌý7a will apply.Ìý

Ground	Notice period
Mandatory (judge must award possession if ground met)	Ìý
1:ÌýLandlordÌýneedsÌýto move in	2 months
2:ÌýMortgage repossession	2 months
3:ÌýOut of season holiday let	2 weeks
4:ÌýLet to student by an educational institution	2 weeks
5:ÌýProperty required for use by minister of religion	2 months
6:ÌýDemolition / redevelopment	2 months
7:ÌýDeath of tenant	2 months
7a:ÌýSerious antisocial behaviour	4 weeks (periodic tenancy)ÌýÌý1 month (fixed-term tenancy)
7b:ÌýNo right to rent in the UK	2 weeks
8:ÌýSerious rent arrears at time of service of notice and possession proceedings	2 weeks
Discretionary (judge can decide whether to awardÌýpossession, ifÌýground met)	Ìý
9:ÌýAlternative accommodation available	2 months
10:ÌýSome rent arrears at the time of service of notice and possession proceedings	2 weeks
11:ÌýPersistentÌýlate paymentÌýof rent	2 weeks
12:ÌýBreach of tenancy agreement	2 weeks
13:ÌýTenant deteriorated property	2 weeks
14:ÌýNuisance/annoyance, illegal/immoral use of property	None – proceedings may beÌýcommencedÌýimmediatelyÌýafter service of notice
14A:ÌýDomestic abuse (social tenancies only – where victim has permanently left the property)	2 weeks
14ZA:ÌýRioting	2 weeks
15:ÌýTenant has deteriorated furniture	2 weeks
16:ÌýEmployment	2 months
17:ÌýFalse statement	2 weeks