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England

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.

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 hearing

  • your tenancy agreement

  • the notice from your landlord

  • the letter and forms you got from the court

  • a recent household budget if you have one

  • 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 can pay your rent in full

  • proof that you're repaying what you owe or can start this very soon

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

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