Challenging a section 21 notice in court

When can your landlord apply to court

The earliest date your landlord can apply for an eviction order is on your section 21 notice.

The latest date depends on when your landlord gave you notice.

Table: Latest date your landlord can apply for an eviction order

When the court can stop your eviction

The court can stop your eviction if the section 21 notice is not valid.

Not valid means there is a problem with the notice.

Check the court forms

Keep all your papers from the court together in a file.

The forms help you work out which eviction process your landlord is using.

It could be either the:

• accelerated procedure

• standard procedure

The main difference is that there may not be a court hearing with the accelerated procedure.

Accelerated procedure

If your landlord uses this process, the court sends you these forms:

• N5B claim form

• N11B defence form

It's important to return your defence form if either:

• you think the section 21 is not valid

• you need a short delay in the eviction process

Standard procedure

If your landlord uses this process, the court sends you these forms:

• N5 claim form

• N11R defence form

If you need an interpreter

You can get a free interpreter during the hearing if either:

• you do not understand English

• you're Deaf and use British Sign Language (BSL)

You can also ask the judge to let a friend or family member explain what the judge says in your own language.

If you cannot find legal help before the hearing

You should still go to your court hearing.

You can usually speak to a court duty adviser before you see the judge.

Your court hearing

Your hearing is usually at your local county court.

You should:

• get there at least 30 minutes early

• ask for the court usher

• wait to see the judge

A court usher tells you where to go and what to do. Ask them about the court duty adviser.

The hearing itself only takes about 10 minutes.

A judge will usually either:

• make an eviction order - if the section 21 notice is valid

• say you can stay in your home - if the section 21 notice is not valid

More on what happens at an eviction hearing.

If the judge says you must be evicted

The judge sets a 'possession date' on the eviction order.

This date is usually 2 weeks from when the order is made.

You can ask for up to 6 weeks if it would cause you 'exceptional hardship' to leave before this.

For example, if you are disabled or have serious health problems and would be homeless.

If you do not leave by the date on the order

Your landlord can ask court bailiffs to evict you.

It may be a few weeks before the bailiffs write to you with an eviction date.

Bailiffs must give you at least 2 weeks' notice of when they will evict you.

Find out what happens on the eviction date.

Who pays the costs of eviction?

If the court makes an eviction order, you usually have to pay:

• your landlord's court fees

• some or all of their legal costs

You might have to pay at least £666 if there is a hearing and you are evicted by bailiffs.