Section 8 eviction notices
Go to the court hearing
You should always:
go to your court hearing
let the court know if there's a very good reason why you cannot be there
For example, if you have to go to hospital, or look after someone in an emergency.
Get to the court at least 30 minutes before your hearing.
This gives you time to:
go through court security
ask for a court duty adviser if you need one
Where the hearing takes place
The hearing is usually at your local county court.
The date, time and address of the hearing is on the N5 claim form that comes from the court.
Get legal advice before the hearing if you can.
The hearing only takes about 10 minutes.
Sometimes the court can stop you being evicted and you can stay in your home.
Free legal help at court
Anyone can get free legal help on the day.
Ask about the court duty scheme as soon as you get there.
Show the section 8 notice to the duty adviser so they can check it is valid.
When the court can stop a rent arrears eviction
Sometimes the court might let you stay in your home even if you still have rent arrears.
This could happen if you can:
pay your full rent on time
pay back some of your arrears each month
If the judge lets you stay, they will probably make a suspended possession order.
This means that you have to pay your rent and an amount towards the arrears. If you do not, your landlord could apply for bailiffs to evict you.
If your landlord used ground 8 on the notice
The judge cannot let you stay if:
you owed more than 2 months' rent when you got the notice
you still owe more than 2 months' rent at the hearing
The judge has to make an 'outright possession order'. This means your landlord can ask bailiffs to evict you after the date on the order.
When the court cannot stop an eviction
The court has to make an 'outright possession order' if:
your landlord uses ground 8 on the notice
you owe at least 2 months' rent when you get the notice
you still owe at least 2 months' rent at the court hearing
An outright possession order means you will be evicted.
Other grounds when the court could stop an eviction
The court could stop your eviction if you are being evicted for these reasons:
ground 12 - for breaking a term in your tenancy agreement
ground 13 - for letting the property condition get worse
ground 14 - for causing a nuisance to neighbours or the landlord, or some criminal convictions related to the property or the area
This does not mean the court will stop the eviction. The court decides if it is reasonable to make an eviction order.
The court might not suspend an order. For example, if antisocial behaviour or neighbour nuisance is ongoing.
If the court makes a possession order
An outright order sets a 'date for possession'. Make a note of this date.
If you do not leave by this date, your landlord still has to apply for bailiffs to evict you. Your landlord cannot evict you themselves.
Ask the council for homeless help if the court makes an outright order.
Suspended possession orders
A suspended order means you can stay in your home.
You must stick to the terms of the order or your landlord can apply for bailiffs to evict you. The terms are things like paying some of your arrears back each month.
Note down how much you have to pay each month if the judge makes a suspended order for rent arrears.
You should get a copy of the order through the post.
If your landlord applies for bailiffs
Most private landlords want the eviction to go ahead at this stage.
Your landlord can apply for bailiffs to evict you:
after the date for possession on an outright order
if you break the terms of a suspended order
The court cannot stop the bailiffs if your landlord used ground 8 on the notice.
Find out what happens if the eviction goes ahead.
It might be possible to negotiate or stop an eviction in other cases.
Find out how to stop an eviction by bailiffs.
Costs of eviction
You usually have to pay your landlord's court fees if the court makes an order or you are evicted by bailiffs.
But there are limits on how much you have to pay. Ask the duty adviser at the court about this.
Last updated: 9 July 2024
