Section 8 eviction notices
How court action starts
Your landlord can ask the court for a 'possession order' when your section 8 notice ends.
A possession order says that you should be evicted. It means the court tells you to leave so the landlord can take the property back.
This does not always happen. There might be things you can do to stop or put off your eviction.
If the court makes an outright possession order, the landlord can ask for bailiffs to evict you.
An outright possession order means you have to leave.
Open and read letters
You get a letter from the court when your landlord starts court action.
A court hearing is usually set for you from 3 to 8 weeks after you get this letter.
This is where a judge hears your case and decides if you should be evicted.
Check the court forms
The letter has these court forms:
Read them all carefully. They will probably be in the same envelope.
The N119 gives the details about why your landlord wants to evict you.
Check it for mistakes or anything you do not agree with.
The N7A is a court leaflet for tenants with information on possession orders and bailiffs.
Date and time of your court hearing
This is on the N5 claim form.
Put this date on your calendar.
You can go to the hearing even if you do not send in a defence form. But it's best to send back a defence form if you can.
Fill in your defence form
The N11R defence form lets you tell the court why you should not be evicted.
For example, if:
your landlord's notice is not valid
what your landlord says is not true
you can repay the rent you owe
you have a claim for compensation that will bring your rent arrears down
Send the defence form back to the court within 2 weeks if you can.
You can get legal help with the defence form.
Go to the hearing even if you have not sent your defence form back.
Start paying back rent arrears if you can
Try to get any rent you owe below 2 months before your hearing.
The court has to make an outright possession order if:
your landlord uses ground 8 on your notice
you owe more than 2 months' rent at your hearing
An outright possession order means you have to leave. Even if your arrears are below 2 months, make sure you are paying them back.
Find out how to deal with rent arrears.
Get ready for the court hearing
Check the date and time on the N5 claim form.
Make sure you do these things if you need to:
book time off work
arrange childcare
ask a friend or relative to pick up your children from school
Only you or your legal adviser can speak for you at the court hearing.
You cannot ask a friend to speak for you but you could take them with you for support.
If you need an interpreter
You can get a free interpreter during the hearing if either:
you do not understand English
you're deaf or have hearing difficulties
Contact the court before the hearing to tell them you need this service.
You can also ask the judge to let a friend or family member explain what the judge says in your own language.
More about free interpreters at court on GOV.UK
If you cannot find legal help before the hearing
You can still go to the hearing.
Anyone can get free legal help at court on the day.
You do not have long to explain your situation to the duty adviser so it helps if you have your documents and information with you.
Use this checklist if you have rent arrears
What to take to a possession hearing
your tenancy agreement
the notice from your landlord
the letter and forms you got from the court
a copy of your defence form if you sent it back
your bank statements and benefits letters
proof that you've claimed benefits and chased up delays
a repayment plan even if your landlord has not agreed to it
proof that you're paying your rent in full
proof that you're repaying what you owe
What to tell the duty adviser or the judge
how much you think you owe in rent right now
why you missed payments or were late with rent
what you have done to pay back the missed payments
how much you can pay on top of your normal rent until the arrears are cleared
Last updated: 9 July 2024
