Section 8 eviction notices
The law is changing
The Renters' Rights Act will change the rights of private tenants.
Changes start from 1 May 2026.
Your rights will not change on that date if you get a valid section 8 before then.
Go to the court hearing
Get to the court at least 30 minutes before your hearing.
This gives you time to:
go through court security
find the reception
ask for the court usher
The usher tells you where to go and what to do.
Free legal help at court
You can get free legal help on the day.
Ask to speak to a court duty adviser as soon as you get there.
You have to wait to see the judge
You can usually speak to the court duty adviser while you wait.
The usher tells you when it is time for you to see the judge.
Your hearing will probably not be at the exact time it says on the claim form.
Tell the usher if you have to leave the waiting area for any reason. If you do not let them know, they might call your case and you could miss your hearing.
Use our checklists if you owe rent
You do not have long with the duty adviser or the judge. It helps to have your documents and information with you.
What to take to your hearing
the section 8 notice
your tenancy agreement
court letters and defence form
your bank statements
proof of your benefits claim
a repayment plan even if your landlord has not agreed to it
proof that you can pay your rent and repay what you owe
emails or letters about a new job or return to work
proof that you paid a deposit if it is not protected
proof that you reported repairs if work has not been done
texts, emails or letters if your landlord has harassed you
What to tell the duty adviser or the judge
how much rent you owe
why you missed payments or were late with rent
what you have done to pay back the missed payments
how much you can pay each month to clear the arrears
if you need a delay to get more legal advice
why you could not get advice before the hearing
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.
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.
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 can be evicted.
When the court can stop eviction on other grounds
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 an outright 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.
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.
Who pays the costs of eviction?
If the court makes any type of 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 you are evicted by bailiffs.
But you can pay your landlord back over time.
Last updated: 18 November 2025
