Letters from the court
This content applies to England only.
Housing laws vary between England and Scotland. This page applies to England only. Get advice relating to Scotland
This section explains what happens if your landlord applies to court to evict you, and what you should do when you receive a letter from the court.
If your landlord is trying to evict you, it's always helpful to speak to an adviser. It may not be too late to stop the eviction, even if the hearing is about to take place. Use our directory to find agencies in your area.
What does 'applying for possession' mean?
For you to be evicted your landlord has to get permission from the court. This is called 'applying for possession'. 'Possession' is a legal term, which means the right to enter accommodation and prevent other people from entering it. Even if your landlord owns the property you have the right to prevent them from entering without your permission while you are the tenant.
If the court gives your landlord a possession order this ends your legal right to stop them from entering your accommodation. It gives the landlord the right to be in the property and ends your right to live there.
If your landlord applies for a possession order it is a civil matter and will be dealt with by the county court. Being taken to the county court is not the same as going to a criminal court. There is no risk that you will be sent to prison if you do not move out of your home before your landlord goes to court.
Do I have to leave before the landlord's notice ends?
If you don't leave after the notice you received from the landlord ends, they will probably apply to court for a possession order. To get a possession order your landlord first has to fill in a form, pay a fee and give information about why you are being evicted. The first thing you will receive from the court is a form called a 'summons', which means that your landlord has started court action.
But first, you will be given the chance to put your side of the story to the court. The forms you get will contain a standard 'reply form' which you should fill in and return to the court.
Will there be a hearing?
The court will normally arrange a court date so that you and your landlord can explain the situation to a judge. The only exception to this is if all of the following conditions apply:
- you are an assured shorthold tenant
- your landlord is asking the court to evict you because you are an assured shorthold tenant and your tenancy has come to an end
- you don't disagree with your landlord's claim that you are an assured shorthold tenant
- you haven't asked the court to delay the eviction.
If you disagree with your landlord's claim that you are an assured shorthold tenant, or you want to ask the court to delay the eviction, you must return the reply form. If you don't return it, there will not be a hearing and you will be evicted automatically.
How do I reply to the court?
Once you receive the court papers you need to reply to the court. You may be asked to pay part of your landlord's legal costs if you don't have a good reason for not replying to the court in time. Giving information about your circumstances may help the court decide whether or not to make a possession order. You must use the reply form enclosed with the court papers to do this.
You should explain your situation as fully as you can and provide evidence if possible. For example, you could explain that you have fallen behind with your rent because your housing benefit has been delayed. If you disagree with any information your landlord has given about why you are being evicted, you should explain why. You can also ask the court allows you more time to find somewhere else to live. You might want to do this if you have health problems or young children and may not be able to find a place quickly. If you need help with the reply form contact a local advice centre.
The court will ask you to reply within 14 days. If you don't reply during this time you can usually still explain your situation to the court at the hearing. The only exception to this is if you are an assured shorthold tenant and your tenancy has come to an end. In this situation a hearing won't automatically be arranged unless you return the reply form explaining why you disagree with your landlord's claim.
When will I have to go to the court?
The court may set a hearing date before it writes to inform you that your landlord has started court action. If so the time, date and location of the hearing will be on the front of the court papers you receive. It should normally be at least 28 days after you receive the court papers but no longer than eight weeks after your landlord originally applied to the court.
The court may set a hearing date after it writes to inform you that your landlord has started court action. You should be given at least 14 days' notice of the hearing.
The hearing will usually be in a judge's private room at the county court (sometimes called 'chambers') but may be in an open courtroom. Your case is likely to be one of several that the judge is hearing that day and will be on a list.
You may need help with the court hearing. It may be possible to be represented or have an adviser or friend go along with you. Use our directory to find a Shelter advice centre or Citizens Advice. They can explain what is likely to happen and may be able to speak on your behalf. Some courts have advisers on duty, who can help people on the day of the hearing.
What happens at the hearing?
At the hearing the judge will decide whether you should be evicted. This decision is based on the information that has been provided by you and your landlord and what the law says. If you and your landlord do not go to court the judge will look at the information you have supplied on paper and write to inform you of the decision. There are many different possession orders that the court can make and even if you are evicted it may be possible to delay the eviction to find somewhere else to live.
If you don't leave by the date on the possession order your landlord can then ask the court bailiffs to physically remove you from the accommodation.
