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This guide is for tenants who:Ìý

• rent aÌýpropertyÌýin England from a private landlordÌý

• have an assuredÌýperiodicÌýtenancyÌý

• have received a notice to leave the property from 1 May 2026. This isÌýcalledÌýaÌýsectionÌý8Ìýnotice and should have been given to youÌýusingÌýForm 3A.Ìý

When yourÌýlandlord gives you notice to leave the property thisÌýis sometimes known asÌýseeking possession.Ìý

This guide also covers tenants who owe their landlord rent and may be at risk ofÌýpossession action.ÌýÌý

There isÌýa different guide if you were given aÌýsectionÌý8 orÌýsectionÌý21 notice before 1 May 2026.Ìý

Most tenancies in the private rented sector in England are assured periodic tenancies.Ìý

This guidanceÌýmayÌýapply if you are in a shared property.ÌýHowever,Ìýin certain cases your rights and responsibilities will vary. The guidanceÌýdoes not cover:Ìý

• people with licences (for example, thoseÌýwho live in tied accommodation related to their employmentÌýandÌýproperty guardiansÌý

•  (people who live with their landlord)ÌýÌý

• tenants living in a property which is not their main or only homeÌý

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

Separate guidance is available forÌýsocialÌýhousingÌýtenants.ÌýÌý

If youÌýown and live in yourÌýpropertyÌýandÌýare worried about yourÌýmortgage lender repossessing your home, separate guidance is available on mortgage repossession.Ìý

YouÌýcanÌýgetÌýfreeÌýhelp as soon as you receive written notice that your landlord is seekingÌýpossession ofÌýthe property.ÌýForÌýmore information, refer toÌýtheÌýannexÌýA: furtherÌýadvice andÌýsupport.Ìý

Harassment orÌýillegalÌýevictionÌý

It isÌýillegalÌýfor your landlord to harass you. It is alsoÌýillegalÌýfor your landlord to force you to leave yourÌýhome withoutÌýfollowing the correctÌýlegal process. You can find more information about harassment andÌýillegalÌýevictions and what you can do if you are affected.ÌýÌý

If you are worried aboutÌýowingÌýrentÌý

IfÌýyouÌýhaveÌýfinancial difficulties due to a change in your employment or earnings,Ìýyou may qualify for Universal Credit. Find more informationÌýinÌýtheÌýUniversal CreditÌýguidance.Ìý Local councilsÌýin EnglandÌýmay be able toÌýprovide financialÌýsupportÌýifÌýyouÌýface a shortfall in meetingÌýyourÌýhousing costs. For example, if you are entitled to housing benefit or the housing element of Universal Credit.ÌýFind your localÌýcouncilÌýto ask about Crisis and Resilience Fund payments.Ìý

YouÌýcanÌýask for support from aÌýdebtÌýadvisorÌýtoÌýcreateÌýa payment plan. This could help you toÌýpay theÌýmoneyÌýyou owe your landlordÌýover time.ÌýYou can find out more usingÌý, which provides access to free debt advice support.Ìý

Speak to your landlord or agentÌý

If you are worried about your rent, speak to your landlord early.ÌýTheyÌýmay agree to reduceÌýtheÌýrent orÌýset up a repayment plan.ÌýÌý

Ìýoffers advice on negotiating with landlords, including letter templates for rent reduction or repayment plans.Ìý

Pay what you canÌý

If you agree a plan to pay offÌýthe rent you owe, it is important you stick to it. You should talk to your landlord if you cannot keep to the plan.ÌýÌý

If your landlord refuses to talk to you or toÌýset upÌýa payment plan, youÌýare required to pay the full rentÌýamount. If you can’t pay the full amount,ÌýpayÌýthe maximumÌýyou can afford.ÌýIf you pay an amount regularly,ÌýthisÌýmay help you to keep your homeÌýifÌýthe caseÌýgoes toÌýcourt.Ìý

MediationÌýandÌýdispute resolutionÌý

About mediation

Mediation is a voluntary process where an independent person helps both sidesÌýinÌýa dispute,ÌýtoÌýagreeÌýto a solutionÌýwithout going to court. For example, if youÌýoweÌýrent, a mediator may help you and your landlord agree a repayment plan together.Ìý

You do not have to talk to a mediator, but it may increaseÌýthe chance you can stay in your home.ÌýÌý

The landlordÌýmayÌýsometimesÌýpay for mediation. ThisÌýdoes not mean the mediatorÌýwill take their side.ÌýIt is usually in the interest of both landlord and tenant for the tenancy to continue.Ìý

Finding a mediatorÌý

You can ask a mediator to help you and your landlord resolve a dispute. ThereÌýisÌýno single list of disputeÌýresolutionÌýproviders, but you canÌýlook for oneÌýby:Ìý

• asking your local councilÌý-Ìýsome local councils offer free specialist supportÌýwhen a landlord isÌýconsideringÌýending a tenancy.ÌýFind your local councilÌý

• searching onlineÌý

• asking a consumer adviceÌýservice such as Citizens AdviceÌý

• speaking toÌýa legal professionalÌý

TheÌýpossessionÌýprocessÌý

If you do not agree to end the tenancy, your landlord must follow theÌýcorrectÌýprocess toÌýtake backÌýpossession of the property.ÌýÌý

They cannotÌýtake backÌýpossessionÌýwithout a court order.ÌýWhen your landlord gives you notice to leave the property this is sometimes known asÌý‘seeking possession’.Ìý

To start the process, your landlord mustÌýgiveÌýyou aÌýsectionÌý8 notice of possession. They must give you a reasonÌý(known as aÌýgroundÌýfor possession), forÌýserving the notice and the correct notice period before they apply to courtÌýfor a possession orderÌýif you do not leave the property.ÌýÌýÌý

Stage 1: What to do when you areÌýserved with a notice of possessionÌý

YouÌýshouldÌýread the notice carefullyÌýandÌýthink about whether you have a good caseÌýto stay in your home.ÌýHowever, you should also considerÌýwhat your options are if you decide to leave.ÌýÌý

If you stay in your home after the notice period expires, the landlord will need to go to court toÌýget a possession order.ÌýIf the courtÌýgrants the order ofÌýpossession, you may also be required to pay the landlord’s legal costs as well as any rent you owe.Ìý

If you receive aÌýsectionÌý8 notice, you should follow theseÌý2 key steps:Ìý

1.ÌýSeek advice about your circumstancesÌý

You can access free legal adviceÌýthrough theÌýHousing Loss Prevention AdviceÌýServiceÌýas soon as you receive aÌýwrittenÌýnoticeÌýof possession, or contactÌýCivil Legal AdviceÌýfor more information about the governmentÌýfunded supportÌýthat may beÌýavailable to you.Ìý

For more information about theseÌýservices and otherÌýplacesÌýyou canÌýgo toÌýaccess support,Ìýsee theÌýannexÌýA:ÌýfurtherÌýadvice andÌýsupport.Ìý

2. Contact your landlord or letting agentÌý

YouÌýshould talk to your landlord or letting agent. They may decide toÌýletÌýyou stay ifÌýtheÌýreasonsÌýfor yourÌýlandlord wanting toÌýtake backÌýpossessionÌýcanÌýbe resolved.ÌýÌý

You and your landlord canÌýtry mediation toÌýagree to a solution which suits you both, avoiding the need toÌýgo to court.ÌýÌý

Checking theÌýsectionÌý8ÌýnoticeÌý

ToÌýserve a validÌýsectionÌý8 notice,ÌýyourÌýlandlord must have used Form 3A, or a form which contains the same information.ÌýAfter you have received this from your landlord you should:Ìý

• checkÌýthat the noticeÌýof possessionÌýwasÌýserved correctlyÌý

• check that the information provided in the notice was correct and sufficientÌýÌý

• checkÌýif you think that the groundsÌý(reasons)Ìýthe landlord used are justifiedÌý

• consider whether your landlord may have discriminated against you

The section 8 notice should explain what reasons (grounds for possession), your landlord is using to take back possession of the property and why the landlord is using the grounds for possession.

The date you must leave by, to avoid possession proceedings being issued (the notice period), will depend on the reason that your landlord has used.

The grounds for possessionÌýinclude:Ìý

• owing rent (rent arrears)Ìý

• damage to the propertyÌý

• causing a nuisance to neighbours (antisocialÌýbehaviour)Ìý

• breach of termsÌýin your tenancy agreementÌý

• the landlordÌýneedsÌýto move back into the propertyÌýÌý

• the landlordÌýneedsÌýtoÌýsell the propertyÌý

• the property is being repossessed by the mortgageÌýproviderÌý

The list does not cover all the reasonsÌýwhyÌýyour landlord may give youÌýa section 8Ìýnotice.ÌýA full list of the grounds forÌýpossessionÌýand the notice periods is available on the grounds forÌýpossessionÌýpage.ÌýÌý

If you think that the ground your landlord isÌýtrying toÌýuseÌýdoesÌýnotÌýapplyÌýto your circumstances,ÌýyouÌýwill be able to tell the court when your landlord applies toÌýthe court for a possession order if you do not leave the propertyÌý(see Stage 2 below). YouÌýwill also be able toÌýexplainÌýanyÌýchangeÌýto yourÌýcircumstances.ÌýFor example,ÌýyouÌýcould have paid offÌýthe amount ofÌýrent you owedÌýby the time of the court hearing.Ìý

DepositÌýrulesÌýÌý

Your landlord must protect your deposit in a governmentÌýapproved scheme within 30 days of receivingÌýtheÌýdeposit.ÌýThey must also provide you with certain information about the scheme, including:Ìý

• the amount ofÌýtheÌýdepositÌýpaidÌý

• whereÌýyour deposit is heldÌý

• howÌýto resolve a disputeÌý

• howÌýto get your deposit back when you leaveÌý

If your landlord cannot show the court that they have given you the correct informationÌýor returned the deposit, then they will not be able to get an order to evict you.Ìý The court canÌýgive your landlord an order to evict you if you have already challenged your landlord in court becauseÌýthey failed to follow the deposit rules andÌýthatÌýcaseÌýhas concluded.Ìý Your landlord can stillÌýget an order toÌýevict you if they originally gaveÌýyou noticeÌýusing the ground(s)ÌýforÌýantisocial behaviour.Ìý

It isÌýunlawfulÌýfor your landlordÌýto take a deposit in anything other than money.ÌýTheyÌýmust return any propertyÌýthey have taken from youÌýbeforeÌýthey can ask the court toÌýgrant a possession order.Ìý

Additional rules forÌýindividual possession groundsÌý

In the first 12 months of the tenancy, your landlord cannot start the process to take back possession because they intend to sell the property, or because they or one of their close family members intends to move in.

However, they can give you a noticeÌýtelling you that they intend to useÌýone of theseÌýgrounds before the 12 months has passed.ÌýÌý

For some grounds, your landlordÌýwill needÌýto have given you noticeÌýbeforeÌýthe start ofÌýtheÌýtenancyÌý(prior notice),ÌýsoÌýthatÌýthey canÌýuseÌýtheÌýgroundÌýto start theÌýpossessionÌýprocess.ÌýÌý

Information about the rules which apply to possession grounds is available on the grounds forÌýpossessionÌýpage.Ìý

Time limitsÌýfor using theÌýsectionÌý8 noticeÌý

If you do not leaveÌýby the end of the notice periodÌýand the landlordÌýstill wants to gain possession, they must apply to courtÌýfor a possession orderÌýwithinÌý12 months,Ìýstarting on the date theyÌýservedÌýthe noticeÌýof possession (sectionÌý8 notice).ÌýIf they do not, the notice will expire, and the landlord cannot useÌýitÌýto start possession proceedings.ÌýÌý

However, theÌý12 monthÌýlimit can be extendedÌýin some cases. This wouldÌýhappen if the section 8 notice was given because you owed rent, and your landlord was unable to apply to court for a possession order because you were in breathing space for debt. This debt would include the amount you owe your landlord.

The time limit will also be extended if, beginning on the day the breathing space ends, there are fewer than 8 weeks remaining until the time-limit expires.

Unlawful discriminationÌý

It is unlawful discrimination for a landlord to end your tenancy based on one or more of theseÌýprotected characteristics:Ìý

• disabilityÌý

• gender reassignmentÌý

• pregnancy and maternityÌý

• raceÌý

• religion or beliefÌý

• sexÌý

• sexual orientationÌý

In some circumstances, it may be possible to prevent the possession action if your landlord is discriminating against you.

For example:Ìý

• becauseÌýof your genderÌý

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

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

There is further guidanceÌýavailableÌýon this:Ìý

• Ìý

• preparing toÌýÌýif you’ve been discriminated againstÌý

However, youÌýcanÌýseek legal adviceÌýbefore challengingÌýaÌýpossessionÌýnotice becauseÌýof discrimination, including disability discrimination.Ìý

Leaving the property before theÌýsectionÌý8 notice expiresÌý

You may want to leave the propertyÌýbefore the noticeÌýof possessionÌýexpiresÌýto avoid going to court and potentially having to pay your landlord’s court costsÌýif the court rules in their favour.ÌýYou should discussÌýyour circumstancesÌýwithÌýyour landlord, whoÌýmight agree toÌýwrite offÌýany rent you oweÌýas this will save them court costs.ÌýÌý

Before moving out,Ìýyou should get legal advice so that you are clear about the legal position.ÌýYou can find information about how to access legal advice and supportÌýin theÌýannexÌýA:ÌýfurtherÌýadvice and support.Ìý

You should also:Ìý

• contact yourÌýlocal councilÌýfor advice about your housing options, especially if you are struggling to find somewhere to liveÌý

• tellÌýyour landlord when you are leaving or that you have leftÌý

• return the keysÌý

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

If youÌýstayÌýin your homeÌýafter theÌýnotice period has expired,Ìýyour landlordÌýcan apply to theÌýcourtÌýto take back possession of the property.ÌýThis is called making a possession claim.ÌýIf they do thisÌýthe court willÌýsend you:Ìý

• copies of the landlord’s claimÌýevidenceÌýand documentsÌýto support the claimÌý

• aÌýdefence form for you to completeÌýÌý

• information about the address of the court where the caseÌýwill be heard andÌýtheÌýdate of the court hearing.ÌýYou can find theÌýÌýfor the courtÌýat which your hearing is being held.Ìý

The court will alsoÌýsend you details about how to get free advice on your circumstances.Ìý

If your landlord applied using theÌý,Ìýthe court willÌýprovide you with aÌýusername and password so you canÌýlogÌýinÌýand respond to your landlord’s claim.Ìý

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

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

Court hearings for possessions are usually held in theÌýcountyÌýcourtÌýnearestÌýyour home. You should let the court know as soon as possible if you have any special requirementsÌýor need reasonable adjustments.ÌýForÌýexample,Ìýif you need extra assistance to access the building or take part in the hearing.Ìý

YouÌýor your landlord can write to the court asking forÌýtheÌýhearing toÌýtake place remotely. Both parties will need to agreeÌýto remote hearing,ÌýbutÌýaÌýjudgeÌýwill decideÌýhow the hearing proceeds.Ìý

The 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.ÌýÌý

For example, ifÌýyour landlord hasÌýnot followed the correct procedure or if the reasonsÌýthatÌýyour landlord wants toÌýtake backÌýpossessionÌýare invalid.ÌýThis could include if your circumstances have changed since they gave you theÌýsectionÌý8 notice, for example if you have paid back any rent you owed.Ìý

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

You have 14 days to return the form.Ìý

If you have difficulty completing the form, you canÌýsend the court a short statement explaining your circumstances and why the possession order should not be made.Ìý

CounterclaimÌýÌý

A counterclaimÌýis when youÌýtell the court thatÌýthe landlord has broken the lawÌýor not followed the rules.ÌýFor example:ÌýÌý

• if your tenancy depositÌýwasÌýnotÌýprotectedÌý

• if repairsÌýwereÌýnotÌýmade to the propertyÌý

• the landlord has discriminatedÌýagainst youÌý

To make a counterclaim you should return the defence form to the court as soon as possible. You canÌýsend it by email or post.ÌýIf you make a counterclaim you will need to pay a fee.ÌýThe amount you have to pay depends onÌýtheÌýdetails of the case.Ìý

IfÌýyou areÌýsendingÌýyour defence form and counterclaimÌýby email:Ìý

• you can onlyÌýsend one emailÌýwhich should include the caseÌýreference numberÌý

• it must be under 10MB, including attachmentsÌý

• the total document length should not exceed 25 pagesÌýwhen printedÌý

Make sure youÌýseek advice and submit your defence or a statement before the hearing date to avoid additional court fees due to delays.Ìý

HelpÌýfilling out your defence formÌý

You can get free helpÌýthrough the Housing Loss Prevention AdviceÌýService (HLPAS). A housing law expertÌýmay be 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.ÌýÌý

Alternatively, you can find a list of legal aid advisers using theÌýÌýservice. You will need to enter your postcode andÌýselect the ‘Housing’ option.Ìý

You can alsoÌýseek advice from  o°ù .Ìý

Stage 3: What you need to do before the hearingÌý

YouÌýshouldÌýfollow the instructions provided in the papersÌýsent 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 must submit theseÌýdocuments when making a claim. If you have not received them, inform the duty adviser or judge on the day of the hearing.Ìý

You and your landlord should try to reach aÌýsettlement before the hearing. For example, your landlord may agree to let you stay in your home if you repay any rent owed through a monthly plan.Ìý

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

Stage 4: Attending a hearingÌý

Before attending court, it is 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.ÌýYouÌýshould go toÌýthe 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 caseÌýnumber. This will help you to find where you need to go in the building.ÌýYou should bring any relevant paperwork to showÌýthe court, includingÌýany evidence you have brought with you and:Ìý

• details of your incomeÌý

• the possession noticeÌý

• the paperwork and documentsÌýsent to you by the courtÌý

• any defenceÌýyouÌýsent to the court before the hearingÌý

• details of any legal help or representation you’ve already hadÌý

You should also bring any evidence you haveÌýof why you think that the grounds, or reasons, the landlord has given forÌýseeking possessionÌýare not valid, or of why you are making a counterclaim against your landlord.Ìý

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 increaseÌýin the hours you workÌýÌý

• details of any pending benefits claims and documentation from the DWPÌý

• proof that you have paid the rent and do not owe the amount ofÌýrentÌýthatÌýyourÌýlandlordÌýsays you doÌýÌý

• proofÌýthat theÌýlandlordÌýdid notÌýserveÌýyou theÌýcorrectÌýnotice orÌýgiveÌýtheÌýcorrectÌýnotice 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 can bringÌýa legal adviserÌýtoÌýrepresent you, such as a solicitor, and you can bring a friend or family memberÌýfor support.ÌýÌý

If you do not have a legal adviser at the court hearing,Ìýyou may be able to getÌýfree legal advice and representationÌýthrough theÌýHousing Loss Prevention AdviceÌýService.ÌýYouÌýshouldÌýarrive at least 30 minutesÌýbeforeÌýyour hearing and speak to the court usherÌýwhoÌýwill direct you to theÌýlegalÌýaidÌýadviser.ÌýÌý

Your caseÌýis heard by a judge who willÌýmake a decisionÌýbased on the evidence provided by you and your landlord and on what the law says.ÌýThey will consider all theÌýevidence which has been submitted.ÌýThey will also considerÌýwhat you,Ìýyour landlord,Ìýand your representatives say at theÌýhearing.ÌýÌý

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 and give evidence to support your case. If you have a solicitor,ÌýbarristerÌýor legal adviser,Ìýthey 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 videosÌýwhile you are in the hearing room.Ìý

The judge will decide based on the law and the evidence you and your landlord present.Ìý

Outcomes of the court hearingÌý

Mandatory and discretionary groundsÌý

The groundsÌýthatÌýyour landlord uses toÌýseek possession affectÌýhow much discretion the court hasÌýto orderÌýpossession.ÌýThere are twoÌýtypes ofÌýgrounds your landlord can useÌýwhen they give you aÌýsectionÌý8 notice to leave the property,Ìýthey are:Ìý

• mandatory grounds (1 to 8): The court must grant possession if the grounds are provenÌý

• discretionary grounds (9 to 17): The court can decide whether to grant possession, even if the grounds are provenÌý

If your landlord uses both mandatory and discretionary grounds,Ìýthe court will first check if the mandatory grounds areÌýproved. If not, they will review the discretionary groundsÌýand make a decision based on those.Ìý

Decisions the judge can makeÌý

The judge could:Ìý

• make an outright possession order - this means you will have to vacate the property by a date theyÌýset.Ìý

• 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 willÌýset out.Ìý

• adjourn the hearing - the hearing will be delayed until later, as the judge feels a decision cannot be made on the day. The judgeÌýmayÌýgive information onÌýwhatÌýyou need toÌýdo next.Ìý

• dismiss the court caseÌýÌý

If the caseÌýis dismissed, it means there’s no reason you shouldÌýhave to leave the property. You can stay in your home. This might happen if:Ìý

• your landlord has not followed the correct procedureÌýÌý

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

• your landlord or their representativeÌýdoesÌýnot attend the hearingÌý

• the grounds for possession are not proven or are invalid. ForÌýexample,Ìýyou’veÌýproved that youÌýpaidÌýtheÌýrentÌýthatÌýyouÌýowedÌý

If the caseÌýis dismissed and you have incurred any legal costs, you can ask the judge to order the landlord to pay your costs if you have any.ÌýThe judge will then decide if your landlord should pay any of your costs.ÌýIfÌýyourÌýlandlordÌýstillÌýwantsÌýyouÌýto leave the property, they’ll have to restart the court process from the beginning.Ìý

Types of possession orderÌý

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

Outright possession orderÌý

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

If you canÌýproveÌýthat youÌýwould be in extreme 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

IfÌýa possession order is made andÌýyou do not leave your home by the dateÌýin the order, your landlord can ask the court to evict you by askingÌýit to grantÌýa ‘warrantÌýof possession.’ÌýThis means that aÌýcourt bailiff willÌýevict you.Ìý

Suspended orders for possessionÌý

This means if you obey the conditionsÌýset out in the order. ForÌýexample, paying the rent you owe as agreedÌý-Ìýyou can stay in your home.Ìý

Suspended possession orders include a date on which you must leave the property.ÌýHowever,ÌýyouÌýcan stay in your home as long as you keep to the conditions.ÌýIfÌýyouÌýdo not keepÌýtoÌýtheÌýconditionsÌýset out in the orderÌýafterÌýtheÌýdateÌýfor possession in the order,Ìýyour landlord can ask the court for aÌýwarrantÌýof possessionÌýto evict you.Ìý

Possession orders with a money judgmentÌý

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:Ìý

• the amount of rent you oweÌý

• court feesÌý

• your landlord’s legal costsÌý

If you have a suspended possession order, the money judgement will also be suspended on the same terms and will not be enforced if you pay the money you owe, and the amount set out in the suspended possession order. If you do not pay, your landlord can apply to the court to ask county court bailiffs to evict you andÌýrecover the money owed in aÌýseparate court process.Ìý

Money orderÌý

If onlyÌýaÌýmoney orderÌýis made,Ìýyou must pay an amount decided by the court, but you do not have to leave the property.ÌýYour landlord can apply to court toÌýrecover the moneyÌýowed if you do not pay.ÌýÌý

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

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

• send bailiffs to recover the debt, which could include taking away your belongings to cover the amount owedÌý

If your landlord wants to evict you and only a money order was made, they will need to reapply to court for a possession order.Ìý

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, youÌýwill need to applyÌýusingÌýform N244Ìýand eitherÌýsend or deliver it to the county court dealing with your case.Ìý

You’ll have to pay a court fee of £313 if you want the court to tell your landlord that you are asking to change your payments, unless youÌýqualify for helpÌýwith court fees.ÌýIf your landlord is already in agreement that your payments can be changed the fee to make an application by consent is £123.Ìý

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 becauseÌýof aÌýserious legal mistakeÌý

• the procedure was not followed properlyÌý

You will have to apply for an appeal hearing soon afterwards as youÌýnormallyÌýonly have up to 21 days to appeal.ÌýYou will need to useÌýForm N161.ÌýYou’ll have to pay a court fee of up to £171, unless you qualifyÌýfor help.ÌýYou will need to state the grounds of your appeal.Ìý

YouÌýwill need permission to appeal. If the judge refused permission to appeal at the hearing, or if you did not ask for permission at the hearing, you’ll need to requestÌýpermissionÌýfrom the appeal judge as part of the notice of appeal.ÌýThis is also done using Form N161.Ìý

You can get legal advice, and you may be entitled to free legal support.ÌýGovernmentÌýfunded legal advice is available throughÌýCivil Legal Advice CLAÌýif you are on a low income.ÌýÌý

Alternatively, you can find a list of legal aid advisors using theÌýÌýservice.ÌýYou will need to enter your postcode andÌýselect the ‘Housing’ option.ÌýÌý

Asking the court toÌýset aside the possession orderÌý

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

You can applyÌýusingÌýForm N244.ÌýYou’ll have to pay a court fee of £313 if you want the court to tell your landlord that you are asking the court toÌýset aside the order, unless youÌýqualify for help.ÌýIf your landlord is already in agreement that the possession order should beÌýset aside the fee to make an application by consent is £123.Ìý

You will need to apply to have the orderÌýcancelled (set aside)Ìýas soon as youÌýknowÌýthat the court hasÌýmade 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 normallyÌýset a date for a hearing and provide you with at least three days’ notice.Ìý

Stage 5:ÌýWarrantsÌýand bailiffsÌý

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

The landlord can apply for a warrant or writ for possessionÌýif 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 which allow a 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.Ìý

IfÌýyou do not leave, you will be evicted at the date and time shown on the eviction notice.ÌýSome of the costs of evicting you may be added toÌýanyÌýmoney you owe.Ìý

County Court bailiffs and High Court Enforcement OfficersÌýmust not useÌýviolence or offensive language when evicting youÌýnorÌýmust theyÌýdamage your belongings. They cannot keep your belongings to pay for court costs or for rent arrears, unless the court makes aÌýseparate 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 theÌýproperty.ÌýYou should not leave any pets behind.Ìý

If you do leaveÌýanyÌýpersonal belongings behind, your landlord will be responsible for making sure that they are kept safeÌýfor a reasonable amount of time.ÌýYou may be charged additional costs. For example, the costs of storing your belongings.Ìý

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

Applying to suspend the warrant or writÌý

In certain circumstances,Ìýyou can applyÌýto suspend the warrant or writÌýbefore the date of the eviction. If successful, this will mean that the eviction is delayed or will not proceed. AÌýjudge 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.ÌýThis 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 best option to resolve your case.ÌýYou can have an initial discussion with an adviser to find out about theÌýlegalÌýsupport 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 to help.ÌýÌý

Alternatively, you can contact a legal advisor directly for help with your case. You can find a list ofÌýlegal advisersÌýby usingÌýtheÌýÌýtool.ÌýYou will need to enter your postcode andÌýselect the ‘Housing’ option.Ìý

You could also contact the housing charity  o°ù .Ìý

Reasons why a warrantÌýor writÌýcould be suspendedÌý

If suspending the bailiff’s warrant is reasonableÌý

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

If your landlord agrees to let you stayÌý

If your landlord decides to let you stay in your home, you can ask them to withdraw their application for a warrant of possession.ÌýÌý

What happens nextÌý

There will be a new hearing. if youÌýdo not have a legal advisor at the court hearing you canÌýget free legal advice and representation throughÌýHousing Loss Prevention AdviceÌýService.Ìý

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

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

AnnexÌýA:ÌýfurtherÌýadvice and supportÌý

Housing Loss Prevention AdviceÌýServiceÌý

°Õ³ó±ð Housing Loss Prevention AdviceÌýServiceÌý(HLPAS)Ìýcan provide free legal advice and representationÌýas soon as your landlord or letting agent gives you a written notice that they intend to evict you.Ìý

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

For example, they may be able to provide legal advice on:Ìý

• illegal evictionÌý

• housing disrepairÌý

• rent arrearsÌýÌý

• welfare benefitsÌýÌý

• payments and debtÌý

Civil Legal AdviceÌý

YouÌýcanÌýhave an initial discussion with an adviser to find out about the supportÌýthat may beÌýavailable 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 to help you.ÌýÌý

• °Â±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 message.Ìý

Find a legal aid adviserÌý

YouÌýcan find a list of legal aid advisersÌýusing theÌýÌýservice.ÌýYou will need to enter your postcode andÌýselect the ‘Housing’ option.Ìý

Contact your local councilÌý

You can also ask yourÌýlocal councilÌýfor help as soon as you get a noticeÌýseeking 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 and assistanceÌýbefore agreeing to leave the property.Ìý

Other places you can go toÌýseek helpÌý

The housing charity  a²Ô»å  can also help with housing issues.Ìý

If you are not eligible for legal aid, youÌýcanÌýpay for a solicitorÌýto give you advice.ÌýYou can find a solicitor at:ÌýÌý

Ìýcan provide free and impartial help with money.