Can private tenants stop the bailiffs

Sometimes, the court can stop your eviction.

These situations include:

If you got a section 21 notice but there was no court hearing

The court may stop the bailiffs if:

• your section 21 notice is not valid

• your landlord used accelerated possession proceedings to evict you faster

There is no court hearing if your landlord uses accelerated possession proceedings.

You need to show that you could have proved your section 21 notice was not valid at a court hearing.

If you could not attend your court hearing

The court could stop your eviction if you could not go to the hearing where your possession order was made.

The court could do this if:

• you had a good reason for missing the hearing, for example, you were ill or in hospital

• you asked the court to stop your eviction soon as you found out that the court had made a possession order

• the court might not have ordered your eviction if you were at the hearing

For example, because your section 21 notice was not valid.

When the court can suspend your eviction

The court might suspend the bailiff's warrant. For example, if you agree to pay back rent arrears.

The court can only do this if you are being evicted on a discretionary ground.

For example, if you are being evicted for:

• rent arrears under 2 months

• damage to the property

There could be a short hearing. This could be the same day that you apply.

If your landlord agrees to stop the bailiffs

Your landlord might decide to let you stay in your home.

For example, if you show that you can pay back your rent arrears.

Make sure you:

• ask your landlord to tell the courts to stop the bailiffs

• get any agreement that you make with your landlord in writing

• go to your court hearing if it has been set up

Always check with the court that the bailiff's visit is cancelled.

Do not assume the bailiffs will not come just because your landlord says you can stay.

When the court cannot stop the bailiffs

Sometimes, the court cannot stop your eviction.

Section 21 eviction

The court cannot stop the bailiffs if all of these apply:

• you are an assured shorthold tenant

• your landlord gave you a valid section 21 notice

• there was a court hearing to decide if you should be evicted

• your landlord got a court order setting a date for you to leave

Section 8 eviction on rent arrears ground 8

The court cannot stop the bailiffs if your landlord got a court order using rent arrears ground 8.

Ground 8 means you owed at least 8 weeks' or 2 months' rent when your landlord gave you notice and at the time of the court hearing.

Need more help?

If the court cannot stop the eviction:

• you need to get your belongings back

• talk to your council about help with housing