I am a landlord and rent a house to a tenant who has a periodic assured short hold tenancy.  I want to sell the house but the tenant does not wish to leave. Can I require the tenant to leave prior to selling the house?

If you have one of these, your landlord must usually give you ‘notice to quit’ - they must do this in a certain way depending on your type of tenancy agreement and its terms.

Private renting for tenants: evictions

Rules your landlord must follow

Your landlord must follow strict procedures if they want you to leave their property, depending on the type of tenancy agreement you have and the terms of it.

If they do not, they may be guilty of illegally evicting or harassing you.

Your landlord must follow different procedures to evict you in Northern Ireland and Scotland.

Rules for periodic Assured Shorthold Tenancies (ASTs)

Periodic tenancies run on a week-by-week or month-by-month basis with no fixed end date.

Notice periods

There are different eviction notice periods in Wales.

In England, your landlord usually must give you up to 2 months’ notice. Because of coronavirus (COVID-19), the notice periods are longer.

If you were given notice between 26 March 2020 and 28 August 2020, your landlord must have given you 3 months to leave the property.

If you were given notice between 29 August 2020 and 31 May 2021, your landlord must have given you 6 months to leave the property

If you’ve been given notice since 1 June 2021, your landlord must give you 4 months to leave.

You might have to leave much sooner if you’re evicted using a section 8 notice, depending on the reason for eviction.

If you do not leave at the end of the notice period

If you do not leave at the end of the notice period, your landlord must apply to the court for a possession order. If the court gives them a possession order and you still do not leave, they must apply for a warrant for possession - this means bailiffs can evict you from the property.

From 1 June 2021 bailiffs can carry out evictions if you live in England. In Wales, currently you will not be evicted unless there’s a serious reason, such as if you’re living there illegally or committing anti-social behaviour.

Rules for fixed-term ASTs

Fixed-term tenancies run for a set amount of time. Your landlord must give you notice in a certain way if you’re in a fixed-term tenancy.

Notice periods

In England, your landlord usually must give you up to 2 months’ notice. Because of COVID-19, the notice periods are longer.

If you’ve been given notice since 1 June 2021, in most cases your landlord must give you 4 months to leave.

If you refuse to leave at the end of the notice period, the rules depend on whether the fixed term has ended or not.

Eviction during the fixed term

During the fixed term, your landlord can only evict you for certain reasons - for example:

you have not paid the rent

you’re engaging in antisocial behaviour

there’s a ‘break clause’ in your contract - this allows your landlord to take back the property before the end of the fixed term

A possession order will not take effect until you’ve been living in the property for at least 6 months.

Eviction at the end of the fixed term

At the end of the fixed term, the landlord does not need a reason to evict you. As long as they’ve given you correct notice, they can apply to the court for a possession order.

If the court gives your landlord a possession order and you still do not leave, your landlord must apply for a warrant for possession - this means bailiffs can evict you from the property.

Rules for excluded tenancies or licences

If you have an excluded tenancy or licence (for example you live with your landlord), your landlord does not have to go to court to evict you.

Your landlord only needs to give you ‘reasonable notice’ to quit. The notice does not have to be in writing.

There are no set rules about what’s reasonable. It depends on:

how long you’ve been living there

how often you pay the rent

whether you get on with your landlord

how quickly the landlord needs another person to move in

They can then change the locks on your rooms, even if you’ve left your belongings there. However, they must give your belongings back to you.

If you do not think you’ve been given enough warning to leave, contact your local council for advice. Your council can take action if your landlord has evicted you illegally.

Shelter has more information about eviction of excluded occupiers.

Rules for assured and regulated tenancies

If your tenancy started before 27 February 1997, you might have an assured or a regulated tenancy. Your landlord will have to follow different rules to evict you and you’ll have increased protection from eviction.

There are different eviction notice periods in Wales.

In England, your landlord usually must give you up to 2 months’ notice. Because of COVID-19, the notice periods are longer.

If you were given notice between 26 March 2020 and 28 August 2020, your landlord must have given you 3 months to leave the property.

If you’ve been given notice on or after 29 August 2020, your landlord must give you 6 months to leave. You might have to leave much sooner if you’re evicted using a section 8 notice, depending on the reason for eviction.

Shelter has more information about assured tenancies and regulated tenancies.

Shelter Cymru has more information about assured tenancies and regulated tenancies in Wales.

Accelerated possession

Landlords can sometimes evict tenants using ‘accelerated possession’. This is quicker than a normal eviction and does not usually need a court hearing.

Your landlord can only do this if:

you have an assured shorthold tenancy or a statutory periodic tenancy

you have a written tenancy agreement

they’ve given you the required written notice in the right form

they have not asked you to leave before the end of a fixed-term tenancy

Your landlord must also tell the court if you and your dependants have been affected by coronavirus (COVID-19) in a way that affects the case. For example, if you lost income because of COVID-19 which meant you were not able to pay rent.

You can only stop accelerated possession if you can prove your landlord has not followed the rules listed above.

How it works

If your landlord applies for accelerated possession, the court will send you:

a copy of your landlord’s application

a ‘defence form’

Fill in the defence form to challenge the application or write a statement outlining your circumstances.

If your case is affected by COVID-19, include details. For example, why you lost income and were not able to pay rent.

You can get help filling in the defence form.

You must complete and return the defence form or statement to the court within 14 days of receiving it.

If your landlord applied for possession before 3 August 2020

If your landlord wants to continue with their claim for possession they must make another application to the court. You will get a copy of your landlord’s application and instructions from the court on how to challenge the application.

The judge’s decision

A judge will decide whether to:

issue a possession order, giving your landlord the right to evict you and take possession of the property (this is normally the case)

have a court hearing (this usually only happens if the paperwork is not in order or you’ve raised an important issue)

Even if there’s a hearing, the court can still decide to issue a possession order.

If the judge issues a possession order

If the judge makes a possession order, you’ll normally have 14 or 28 days to leave the property. If this will cause you exceptional hardship, the judge may give you up to 42 days to leave.

If you do not leave at this point, your landlord can use bailiffs to evict you.

Eviction court hearings

If your landlord goes to court to evict you, there will be a ‘possession hearing’.

Before the hearing

You’ll know your landlord is taking you to court to evict you because you’ll be sent court papers, including:

copies of ‘claim for possession’ forms

a defence form

a date for your court hearing

The defence form is your chance to say why you have rent arrears and if you disagree with what your landlord put on the ‘claim for possession’ forms. You need to return it within 14 days.

You may have to pay extra court fees if you do not provide information in the defence form and this results in a delay to your court case.

If you do not attend your court hearing, it’s very likely the judge will decide you’ll lose your home.

Coronavirus (COVID-19) and court hearings

The court process is different because of COVID-19.

Your landlord must tell the court if you and your dependants have been affected by COVID-19. For example, if you have lost income because of COVID-19, which meant you were not able to pay your rent.

During the hearing

If you have not received advice before, you can get free legal advice and representation in court on the day of the hearing. This is under the Housing Possession Court Duty scheme. Contact your local council or the court where your case is being heard.

If the scheme is not available in your area, check with the court whether there are other advice services. You can also check if you can get legal aid.

The charity Shelter has information on what happens at a possession hearing.

The judge’s decision

The judge could:

dismiss the court case - no order will be made and the hearing is finished

adjourn the hearing - the hearing will be delayed until later, as the judge feels a decision cannot be made on the day

make an ‘order’ - the judge will make a legal decision on what will happen

The judge will dismiss the case if there’s no reason you should be evicted. This might happen if:

your landlord has not followed the correct procedure

your landlord or their representative does not attend the hearing

you’ve paid any rent arrears

If the judge dismisses the case, you can stay in your home. If the landlord wants to evict you, they’ll have to restart the court process from the beginning.

Types of possession order

There are several different kinds of orders a judge can make.

Order for possession (or ‘outright possession order’)

This means you must leave the property before the date given in the order.

The date will be either 14 or 28 days after your court hearing. If you’re in an exceptionally difficult situation, you may be able to convince the judge to delay this for up to 6 weeks.

If you do not leave your home by the date given, your landlord can ask the court to evict you by asking for a ‘warrant for possession’. If the court gives a warrant, you’ll be sent an eviction notice that gives a date when you must leave your home.

Suspended order for possession

This means if you make the payments, or obey the conditions, set out in the order, you can stay in your home. If you do not make the payments, your landlord can ask the court to evict you.

Money order

This means you have to pay the landlord the amount set out in the order. If you do not make the payments, action could be taken by the courts to recover the money, including:

deducting money from your wages or bank account

sending bailiffs to take away things you own

If you get into rent arrears after a money order has been made, your landlord can go to court again and ask for a possession order.

Possession orders with a money judgment

A judge can add a money judgment to any of the possession orders. This means you owe a specific amount of money, usually made up of:

your rent arrears

court fees

your landlord’s legal costs

The money judgment will not apply if you pay your arrears and the amount set out in a suspended possession order.

However, the money judgment will apply if you do not pay the amount set out in the suspended possession order that’s linked to the judgment. If you do not pay, the landlord may ask the court to carry out the instructions in the order and the judgment.

Eviction notices

If you do not leave your home by the date given in an outright possession order, your landlord can ask the court for a ‘warrant of possession’.

If the court gives a warrant, you’ll be sent an eviction notice that gives a date when you must leave your home. Bailiffs can evict you after this date. The costs of evicting you will be added to the money you owe.

Changes to evictions in England and Wales because of coronavirus (COVID-19)

From 1 June 2021 bailiffs can carry out evictions if you live in England.

In Wales, currently you will not be evicted by bailiffs, unless there is a serious reason. Bailiffs will only enter the property if you:

are living there illegally

have been involved in antisocial behaviour

Delaying eviction

You can ask a judge to suspend the warrant at a new hearing. This means they’ll delay the eviction or let you stay in your home if you can make payments again.

The judge will not automatically agree to suspend the warrant.

Applying to suspend a warrant

To apply for a suspension of a warrant, you must fill out an application notice and either send or deliver it to the county court dealing with your case.

You must tell the court you need a hearing at short notice (before your eviction date). You’ll have to pay a court fee of £14, unless you qualify for help.

Pay the county court:

by phone with a debit or credit card

by post with a cheque or postal order made out to ‘HM Courts and Tribunals Service’

in person with cash or a debit or credit card

You can find the address and phone number for the county court online.

Asking the court to change your payments

If your circumstances change, you can ask a judge at a new hearing to change what you pay. To do this, you must fill out an application notice and either send or deliver it to the county court dealing with your case.

You’ll have to pay a court fee of £100, unless you qualify for help.

Pay the county court:

in person by cheque, cash, debit or credit card

by post with a cheque made out to ‘HM Courts and Tribunals Service’

Appealing against the decision

You can only appeal if you can show the judge made mistakes in the original possession hearing. You’ll need to ask the judge for permission to appeal at the end of the original hearing.

If you get permission to appeal, you’ll have to apply for an appeal hearing very soon afterwards. You’ll have to pay a court fee of up to £140, unless you qualify for help.

You’ll need to get legal advice.

Contact your local council

If you’re worried about becoming homeless, contact your local council for homelessness help and advice.

Harassment and illegal evictions

It’s a crime for your landlord to harass you or try to force you out of a property without using proper procedures. If this happens, you may have a right to claim damages through the court.

What is harassment?

Harassment can be anything a landlord does, or fails to do, that makes you feel unsafe in the property or forces you to leave.

Harassment can include:

stopping services, like electricity

withholding keys, for example there are 2 tenants in a property but the landlord will only give 1 key

refusing to carry out repairs

anti-social behaviour by a landlord’s agent, for example a friend of the landlord moves in next door and causes problems

threats and physical violence

Illegal eviction and tenants’ rights

Your landlord may be guilty of illegal eviction if you:

are not given the notice to leave the property that your landlord must give you

find the locks have been changed

are evicted without a court order

Even if your landlord’s property is repossessed by their mortgage lender, the lender must give you notice so you can find other accommodation.

If you have an assured, assured shorthold or regulated tenancy, they must give you:

3 months to leave the property if you were given notice between 26 March 2020 and 28 August 2020

6 months to leave if you were given notice between 29 August 2020 and 31 May 2021

4 months to leave if you’ve been given notice since 1 June 2021

In Wales, the notice period must be:

at least 6 months if they gave you notice on or after 24 July 2020

at least 3 months if they issued a section 8 notice for antisocial behaviour

Citizens Advice has information on repossession by your landlord’s mortgage lender.

What you can do

If you think you’re being harassed or threatened with illegal eviction, or the property you rent is being repossessed, talk to your local council.

It may have someone specialising in tenant harassment issues.

Local councils can also start legal proceedings if they think there’s enough evidence of harassment or illegal eviction.

You could also contact a legal adviser, a Citizens Advice office or Shelter’s housing advice helpline.

Your local area may also have other housing or legal advice organisations - your local council, phonebook or library should have details.

If physical violence is involved, contact the police.

For further advice, the Ministry of Housing, Communities and Local Government has a detailed guide for tenants facing harassment and illegal eviction.

In England, your landlord usually must give you up to 2 months’ notice. Because of coronavirus (COVID-19), the notice periods are longer.

Private renting for tenants: evictions

Rules your landlord must follow

Your landlord must follow strict procedures if they want you to leave their property, depending on the type of tenancy agreement you have and the terms of it.

If they do not, they may be guilty of illegally evicting or harassing you.

Your landlord must follow different procedures to evict you in Northern Ireland and Scotland.

Rules for periodic Assured Shorthold Tenancies (ASTs)

Periodic tenancies run on a week-by-week or month-by-month basis with no fixed end date.

If you have one of these, your landlord must usually give you ‘notice to quit’ - they must do this in a certain way depending on your type of tenancy agreement and its terms.

Notice periods

There are different eviction notice periods in Wales.

If you were given notice between 26 March 2020 and 28 August 2020, your landlord must have given you 3 months to leave the property.

If you were given notice between 29 August 2020 and 31 May 2021, your landlord must have given you 6 months to leave the property

If you’ve been given notice since 1 June 2021, your landlord must give you 4 months to leave.

You might have to leave much sooner if you’re evicted using a section 8 notice, depending on the reason for eviction.

If you do not leave at the end of the notice period

Rules for fixed-term ASTs

Fixed-term tenancies run for a set amount of time. Your landlord must give you notice in a certain way if you’re in a fixed-term tenancy.

Notice periods

In England, your landlord usually must give you up to 2 months’ notice. Because of COVID-19, the notice periods are longer.

If you’ve been given notice since 1 June 2021, in most cases your landlord must give you 4 months to leave.

If you refuse to leave at the end of the notice period, the rules depend on whether the fixed term has ended or not.

Eviction during the fixed term

During the fixed term, your landlord can only evict you for certain reasons - for example:

you have not paid the rent

you’re engaging in antisocial behaviour

there’s a ‘break clause’ in your contract - this allows your landlord to take back the property before the end of the fixed term

A possession order will not take effect until you’ve been living in the property for at least 6 months.

Eviction at the end of the fixed term

At the end of the fixed term, the landlord does not need a reason to evict you. As long as they’ve given you correct notice, they can apply to the court for a possession order.

If the court gives your landlord a possession order and you still do not leave, your landlord must apply for a warrant for possession - this means bailiffs can evict you from the property.

Rules for excluded tenancies or licences

If you have an excluded tenancy or licence (for example you live with your landlord), your landlord does not have to go to court to evict you.

Your landlord only needs to give you ‘reasonable notice’ to quit. The notice does not have to be in writing.

There are no set rules about what’s reasonable. It depends on:

how long you’ve been living there

how often you pay the rent

whether you get on with your landlord

how quickly the landlord needs another person to move in

They can then change the locks on your rooms, even if you’ve left your belongings there. However, they must give your belongings back to you.

If you do not think you’ve been given enough warning to leave, contact your local council for advice. Your council can take action if your landlord has evicted you illegally.

Shelter has more information about eviction of excluded occupiers.

Rules for assured and regulated tenancies

There are different eviction notice periods in Wales.

In England, your landlord usually must give you up to 2 months’ notice. Because of COVID-19, the notice periods are longer.

If you were given notice between 26 March 2020 and 28 August 2020, your landlord must have given you 3 months to leave the property.

Shelter has more information about assured tenancies and regulated tenancies.

Shelter Cymru has more information about assured tenancies and regulated tenancies in Wales.

Accelerated possession

Landlords can sometimes evict tenants using ‘accelerated possession’. This is quicker than a normal eviction and does not usually need a court hearing.

Your landlord can only do this if:

you have an assured shorthold tenancy or a statutory periodic tenancy

you have a written tenancy agreement

they’ve given you the required written notice in the right form

they have not asked you to leave before the end of a fixed-term tenancy

You can only stop accelerated possession if you can prove your landlord has not followed the rules listed above.

How it works

If your landlord applies for accelerated possession, the court will send you:

a copy of your landlord’s application

a ‘defence form’

Fill in the defence form to challenge the application or write a statement outlining your circumstances.

If your case is affected by COVID-19, include details. For example, why you lost income and were not able to pay rent.

You can get help filling in the defence form.

You must complete and return the defence form or statement to the court within 14 days of receiving it.

If your landlord applied for possession before 3 August 2020

The judge’s decision

A judge will decide whether to:

issue a possession order, giving your landlord the right to evict you and take possession of the property (this is normally the case)

have a court hearing (this usually only happens if the paperwork is not in order or you’ve raised an important issue)

Even if there’s a hearing, the court can still decide to issue a possession order.

If the judge issues a possession order

If the judge makes a possession order, you’ll normally have 14 or 28 days to leave the property. If this will cause you exceptional hardship, the judge may give you up to 42 days to leave.

If you do not leave at this point, your landlord can use bailiffs to evict you.

Eviction court hearings

If your landlord goes to court to evict you, there will be a ‘possession hearing’.

Before the hearing

You’ll know your landlord is taking you to court to evict you because you’ll be sent court papers, including:

copies of ‘claim for possession’ forms

a defence form

a date for your court hearing

The defence form is your chance to say why you have rent arrears and if you disagree with what your landlord put on the ‘claim for possession’ forms. You need to return it within 14 days.

You may have to pay extra court fees if you do not provide information in the defence form and this results in a delay to your court case.

If you do not attend your court hearing, it’s very likely the judge will decide you’ll lose your home.

Coronavirus (COVID-19) and court hearings

The court process is different because of COVID-19.

Your landlord must tell the court if you and your dependants have been affected by COVID-19. For example, if you have lost income because of COVID-19, which meant you were not able to pay your rent.

During the hearing

If the scheme is not available in your area, check with the court whether there are other advice services. You can also check if you can get legal aid.

The charity Shelter has information on what happens at a possession hearing.

The judge’s decision

The judge could:

dismiss the court case - no order will be made and the hearing is finished

adjourn the hearing - the hearing will be delayed until later, as the judge feels a decision cannot be made on the day

make an ‘order’ - the judge will make a legal decision on what will happen

The judge will dismiss the case if there’s no reason you should be evicted. This might happen if:

your landlord has not followed the correct procedure

your landlord or their representative does not attend the hearing

you’ve paid any rent arrears

If the judge dismisses the case, you can stay in your home. If the landlord wants to evict you, they’ll have to restart the court process from the beginning.

Types of possession order

There are several different kinds of orders a judge can make.

Order for possession (or ‘outright possession order’)

This means you must leave the property before the date given in the order.

The date will be either 14 or 28 days after your court hearing. If you’re in an exceptionally difficult situation, you may be able to convince the judge to delay this for up to 6 weeks.

Suspended order for possession

This means if you make the payments, or obey the conditions, set out in the order, you can stay in your home. If you do not make the payments, your landlord can ask the court to evict you.

Money order

This means you have to pay the landlord the amount set out in the order. If you do not make the payments, action could be taken by the courts to recover the money, including:

deducting money from your wages or bank account

sending bailiffs to take away things you own

If you get into rent arrears after a money order has been made, your landlord can go to court again and ask for a possession order.

Possession orders with a money judgment

A judge can add a money judgment to any of the possession orders. This means you owe a specific amount of money, usually made up of:

your rent arrears

court fees

your landlord’s legal costs

The money judgment will not apply if you pay your arrears and the amount set out in a suspended possession order.

Eviction notices

If you do not leave your home by the date given in an outright possession order, your landlord can ask the court for a ‘warrant of possession’.

Changes to evictions in England and Wales because of coronavirus (COVID-19)

From 1 June 2021 bailiffs can carry out evictions if you live in England.

In Wales, currently you will not be evicted by bailiffs, unless there is a serious reason. Bailiffs will only enter the property if you:

are living there illegally

have been involved in antisocial behaviour

Delaying eviction

You can ask a judge to suspend the warrant at a new hearing. This means they’ll delay the eviction or let you stay in your home if you can make payments again.

The judge will not automatically agree to suspend the warrant.

Applying to suspend a warrant

To apply for a suspension of a warrant, you must fill out an application notice and either send or deliver it to the county court dealing with your case.

You must tell the court you need a hearing at short notice (before your eviction date). You’ll have to pay a court fee of £14, unless you qualify for help.

Pay the county court:

by phone with a debit or credit card

by post with a cheque or postal order made out to ‘HM Courts and Tribunals Service’

in person with cash or a debit or credit card

You can find the address and phone number for the county court online.

Asking the court to change your payments

You’ll have to pay a court fee of £100, unless you qualify for help.

Pay the county court:

in person by cheque, cash, debit or credit card

by post with a cheque made out to ‘HM Courts and Tribunals Service’

Appealing against the decision

You can only appeal if you can show the judge made mistakes in the original possession hearing. You’ll need to ask the judge for permission to appeal at the end of the original hearing.

If you get permission to appeal, you’ll have to apply for an appeal hearing very soon afterwards. You’ll have to pay a court fee of up to £140, unless you qualify for help.

You’ll need to get legal advice.

Contact your local council

If you’re worried about becoming homeless, contact your local council for homelessness help and advice.

Harassment and illegal evictions

It’s a crime for your landlord to harass you or try to force you out of a property without using proper procedures. If this happens, you may have a right to claim damages through the court.

What is harassment?

Harassment can be anything a landlord does, or fails to do, that makes you feel unsafe in the property or forces you to leave.

Harassment can include:

stopping services, like electricity

withholding keys, for example there are 2 tenants in a property but the landlord will only give 1 key

refusing to carry out repairs

anti-social behaviour by a landlord’s agent, for example a friend of the landlord moves in next door and causes problems

threats and physical violence

Illegal eviction and tenants’ rights

Your landlord may be guilty of illegal eviction if you:

are not given the notice to leave the property that your landlord must give you

find the locks have been changed

are evicted without a court order

Even if your landlord’s property is repossessed by their mortgage lender, the lender must give you notice so you can find other accommodation.

If you have an assured, assured shorthold or regulated tenancy, they must give you:

3 months to leave the property if you were given notice between 26 March 2020 and 28 August 2020

6 months to leave if you were given notice between 29 August 2020 and 31 May 2021

4 months to leave if you’ve been given notice since 1 June 2021

In Wales, the notice period must be:

at least 6 months if they gave you notice on or after 24 July 2020

at least 3 months if they issued a section 8 notice for antisocial behaviour

Citizens Advice has information on repossession by your landlord’s mortgage lender.

What you can do

If you think you’re being harassed or threatened with illegal eviction, or the property you rent is being repossessed, talk to your local council.

It may have someone specialising in tenant harassment issues.

Local councils can also start legal proceedings if they think there’s enough evidence of harassment or illegal eviction.

You could also contact a legal adviser, a Citizens Advice office or Shelter’s housing advice helpline.

Your local area may also have other housing or legal advice organisations - your local council, phonebook or library should have details.

If physical violence is involved, contact the police.

For further advice, the Ministry of Housing, Communities and Local Government has a detailed guide for tenants facing harassment and illegal eviction.

If you’ve been given notice since 1 June 2021, your landlord must give you 4 months to leave.

Private renting for tenants: evictions

Rules your landlord must follow

Your landlord must follow strict procedures if they want you to leave their property, depending on the type of tenancy agreement you have and the terms of it.

If they do not, they may be guilty of illegally evicting or harassing you.

Your landlord must follow different procedures to evict you in Northern Ireland and Scotland.

Rules for periodic Assured Shorthold Tenancies (ASTs)

Periodic tenancies run on a week-by-week or month-by-month basis with no fixed end date.

If you have one of these, your landlord must usually give you ‘notice to quit’ - they must do this in a certain way depending on your type of tenancy agreement and its terms.

Notice periods

There are different eviction notice periods in Wales.

In England, your landlord usually must give you up to 2 months’ notice. Because of coronavirus (COVID-19), the notice periods are longer.

If you were given notice between 26 March 2020 and 28 August 2020, your landlord must have given you 3 months to leave the property.

If you were given notice between 29 August 2020 and 31 May 2021, your landlord must have given you 6 months to leave the property

You might have to leave much sooner if you’re evicted using a section 8 notice, depending on the reason for eviction.

If you do not leave at the end of the notice period

Rules for fixed-term ASTs

Fixed-term tenancies run for a set amount of time. Your landlord must give you notice in a certain way if you’re in a fixed-term tenancy.

Notice periods

In England, your landlord usually must give you up to 2 months’ notice. Because of COVID-19, the notice periods are longer.

If you’ve been given notice since 1 June 2021, in most cases your landlord must give you 4 months to leave.

If you refuse to leave at the end of the notice period, the rules depend on whether the fixed term has ended or not.

Eviction during the fixed term

During the fixed term, your landlord can only evict you for certain reasons - for example:

you have not paid the rent

you’re engaging in antisocial behaviour

there’s a ‘break clause’ in your contract - this allows your landlord to take back the property before the end of the fixed term

A possession order will not take effect until you’ve been living in the property for at least 6 months.

Eviction at the end of the fixed term

At the end of the fixed term, the landlord does not need a reason to evict you. As long as they’ve given you correct notice, they can apply to the court for a possession order.

If the court gives your landlord a possession order and you still do not leave, your landlord must apply for a warrant for possession - this means bailiffs can evict you from the property.

Rules for excluded tenancies or licences

If you have an excluded tenancy or licence (for example you live with your landlord), your landlord does not have to go to court to evict you.

Your landlord only needs to give you ‘reasonable notice’ to quit. The notice does not have to be in writing.

There are no set rules about what’s reasonable. It depends on:

how long you’ve been living there

how often you pay the rent

whether you get on with your landlord

how quickly the landlord needs another person to move in

They can then change the locks on your rooms, even if you’ve left your belongings there. However, they must give your belongings back to you.

If you do not think you’ve been given enough warning to leave, contact your local council for advice. Your council can take action if your landlord has evicted you illegally.

Shelter has more information about eviction of excluded occupiers.

Rules for assured and regulated tenancies

There are different eviction notice periods in Wales.

In England, your landlord usually must give you up to 2 months’ notice. Because of COVID-19, the notice periods are longer.

If you were given notice between 26 March 2020 and 28 August 2020, your landlord must have given you 3 months to leave the property.

Shelter has more information about assured tenancies and regulated tenancies.

Shelter Cymru has more information about assured tenancies and regulated tenancies in Wales.

Accelerated possession

Landlords can sometimes evict tenants using ‘accelerated possession’. This is quicker than a normal eviction and does not usually need a court hearing.

Your landlord can only do this if:

you have an assured shorthold tenancy or a statutory periodic tenancy

you have a written tenancy agreement

they’ve given you the required written notice in the right form

they have not asked you to leave before the end of a fixed-term tenancy

You can only stop accelerated possession if you can prove your landlord has not followed the rules listed above.

How it works

If your landlord applies for accelerated possession, the court will send you:

a copy of your landlord’s application

a ‘defence form’

Fill in the defence form to challenge the application or write a statement outlining your circumstances.

If your case is affected by COVID-19, include details. For example, why you lost income and were not able to pay rent.

You can get help filling in the defence form.

You must complete and return the defence form or statement to the court within 14 days of receiving it.

If your landlord applied for possession before 3 August 2020

The judge’s decision

A judge will decide whether to:

issue a possession order, giving your landlord the right to evict you and take possession of the property (this is normally the case)

have a court hearing (this usually only happens if the paperwork is not in order or you’ve raised an important issue)

Even if there’s a hearing, the court can still decide to issue a possession order.

If the judge issues a possession order

If the judge makes a possession order, you’ll normally have 14 or 28 days to leave the property. If this will cause you exceptional hardship, the judge may give you up to 42 days to leave.

If you do not leave at this point, your landlord can use bailiffs to evict you.

Eviction court hearings

If your landlord goes to court to evict you, there will be a ‘possession hearing’.

Before the hearing

You’ll know your landlord is taking you to court to evict you because you’ll be sent court papers, including:

copies of ‘claim for possession’ forms

a defence form

a date for your court hearing

The defence form is your chance to say why you have rent arrears and if you disagree with what your landlord put on the ‘claim for possession’ forms. You need to return it within 14 days.

You may have to pay extra court fees if you do not provide information in the defence form and this results in a delay to your court case.

If you do not attend your court hearing, it’s very likely the judge will decide you’ll lose your home.

Coronavirus (COVID-19) and court hearings

The court process is different because of COVID-19.

Your landlord must tell the court if you and your dependants have been affected by COVID-19. For example, if you have lost income because of COVID-19, which meant you were not able to pay your rent.

During the hearing

If the scheme is not available in your area, check with the court whether there are other advice services. You can also check if you can get legal aid.

The charity Shelter has information on what happens at a possession hearing.

The judge’s decision

The judge could:

dismiss the court case - no order will be made and the hearing is finished

adjourn the hearing - the hearing will be delayed until later, as the judge feels a decision cannot be made on the day

make an ‘order’ - the judge will make a legal decision on what will happen

The judge will dismiss the case if there’s no reason you should be evicted. This might happen if:

your landlord has not followed the correct procedure

your landlord or their representative does not attend the hearing

you’ve paid any rent arrears

If the judge dismisses the case, you can stay in your home. If the landlord wants to evict you, they’ll have to restart the court process from the beginning.

Types of possession order

There are several different kinds of orders a judge can make.

Order for possession (or ‘outright possession order’)

This means you must leave the property before the date given in the order.

The date will be either 14 or 28 days after your court hearing. If you’re in an exceptionally difficult situation, you may be able to convince the judge to delay this for up to 6 weeks.

Suspended order for possession

This means if you make the payments, or obey the conditions, set out in the order, you can stay in your home. If you do not make the payments, your landlord can ask the court to evict you.

Money order

This means you have to pay the landlord the amount set out in the order. If you do not make the payments, action could be taken by the courts to recover the money, including:

deducting money from your wages or bank account

sending bailiffs to take away things you own

If you get into rent arrears after a money order has been made, your landlord can go to court again and ask for a possession order.

Possession orders with a money judgment

A judge can add a money judgment to any of the possession orders. This means you owe a specific amount of money, usually made up of:

your rent arrears

court fees

your landlord’s legal costs

The money judgment will not apply if you pay your arrears and the amount set out in a suspended possession order.

Eviction notices

If you do not leave your home by the date given in an outright possession order, your landlord can ask the court for a ‘warrant of possession’.

Changes to evictions in England and Wales because of coronavirus (COVID-19)

From 1 June 2021 bailiffs can carry out evictions if you live in England.

In Wales, currently you will not be evicted by bailiffs, unless there is a serious reason. Bailiffs will only enter the property if you:

are living there illegally

have been involved in antisocial behaviour

Delaying eviction

You can ask a judge to suspend the warrant at a new hearing. This means they’ll delay the eviction or let you stay in your home if you can make payments again.

The judge will not automatically agree to suspend the warrant.

Applying to suspend a warrant

To apply for a suspension of a warrant, you must fill out an application notice and either send or deliver it to the county court dealing with your case.

You must tell the court you need a hearing at short notice (before your eviction date). You’ll have to pay a court fee of £14, unless you qualify for help.

Pay the county court:

by phone with a debit or credit card

by post with a cheque or postal order made out to ‘HM Courts and Tribunals Service’

in person with cash or a debit or credit card

You can find the address and phone number for the county court online.

Asking the court to change your payments

You’ll have to pay a court fee of £100, unless you qualify for help.

Pay the county court:

in person by cheque, cash, debit or credit card

by post with a cheque made out to ‘HM Courts and Tribunals Service’

Appealing against the decision

You can only appeal if you can show the judge made mistakes in the original possession hearing. You’ll need to ask the judge for permission to appeal at the end of the original hearing.

If you get permission to appeal, you’ll have to apply for an appeal hearing very soon afterwards. You’ll have to pay a court fee of up to £140, unless you qualify for help.

You’ll need to get legal advice.

Contact your local council

If you’re worried about becoming homeless, contact your local council for homelessness help and advice.

Harassment and illegal evictions

It’s a crime for your landlord to harass you or try to force you out of a property without using proper procedures. If this happens, you may have a right to claim damages through the court.

What is harassment?

Harassment can be anything a landlord does, or fails to do, that makes you feel unsafe in the property or forces you to leave.

Harassment can include:

stopping services, like electricity

withholding keys, for example there are 2 tenants in a property but the landlord will only give 1 key

refusing to carry out repairs

anti-social behaviour by a landlord’s agent, for example a friend of the landlord moves in next door and causes problems

threats and physical violence

Illegal eviction and tenants’ rights

Your landlord may be guilty of illegal eviction if you:

are not given the notice to leave the property that your landlord must give you

find the locks have been changed

are evicted without a court order

Even if your landlord’s property is repossessed by their mortgage lender, the lender must give you notice so you can find other accommodation.

If you have an assured, assured shorthold or regulated tenancy, they must give you:

3 months to leave the property if you were given notice between 26 March 2020 and 28 August 2020

6 months to leave if you were given notice between 29 August 2020 and 31 May 2021

4 months to leave if you’ve been given notice since 1 June 2021

In Wales, the notice period must be:

at least 6 months if they gave you notice on or after 24 July 2020

at least 3 months if they issued a section 8 notice for antisocial behaviour

Citizens Advice has information on repossession by your landlord’s mortgage lender.

What you can do

If you think you’re being harassed or threatened with illegal eviction, or the property you rent is being repossessed, talk to your local council.

It may have someone specialising in tenant harassment issues.

Local councils can also start legal proceedings if they think there’s enough evidence of harassment or illegal eviction.

You could also contact a legal adviser, a Citizens Advice office or Shelter’s housing advice helpline.

Your local area may also have other housing or legal advice organisations - your local council, phonebook or library should have details.

If physical violence is involved, contact the police.

For further advice, the Ministry of Housing, Communities and Local Government has a detailed guide for tenants facing harassment and illegal eviction.

Private renting for tenants: evictions

Rules your landlord must follow

Your landlord must follow strict procedures if they want you to leave their property, depending on the type of tenancy agreement you have and the terms of it.

If they do not, they may be guilty of illegally evicting or harassing you.

Your landlord must follow different procedures to evict you in Northern Ireland and Scotland.

Rules for periodic Assured Shorthold Tenancies (ASTs)

Periodic tenancies run on a week-by-week or month-by-month basis with no fixed end date.

If you have one of these, your landlord must usually give you ‘notice to quit’ - they must do this in a certain way depending on your type of tenancy agreement and its terms.

Notice periods

There are different eviction notice periods in Wales.

In England, your landlord usually must give you up to 2 months’ notice. Because of coronavirus (COVID-19), the notice periods are longer.

If you were given notice between 26 March 2020 and 28 August 2020, your landlord must have given you 3 months to leave the property.

If you were given notice between 29 August 2020 and 31 May 2021, your landlord must have given you 6 months to leave the property

If you’ve been given notice since 1 June 2021, your landlord must give you 4 months to leave.

You might have to leave much sooner if you’re evicted using a section 8 notice, depending on the reason for eviction.

If you do not leave at the end of the notice period

Rules for fixed-term ASTs

Fixed-term tenancies run for a set amount of time. Your landlord must give you notice in a certain way if you’re in a fixed-term tenancy.

Notice periods

In England, your landlord usually must give you up to 2 months’ notice. Because of COVID-19, the notice periods are longer.

If you’ve been given notice since 1 June 2021, in most cases your landlord must give you 4 months to leave.

If you refuse to leave at the end of the notice period, the rules depend on whether the fixed term has ended or not.

Eviction during the fixed term

During the fixed term, your landlord can only evict you for certain reasons - for example:

you have not paid the rent

you’re engaging in antisocial behaviour

there’s a ‘break clause’ in your contract - this allows your landlord to take back the property before the end of the fixed term

A possession order will not take effect until you’ve been living in the property for at least 6 months.

Eviction at the end of the fixed term

At the end of the fixed term, the landlord does not need a reason to evict you. As long as they’ve given you correct notice, they can apply to the court for a possession order.

If the court gives your landlord a possession order and you still do not leave, your landlord must apply for a warrant for possession - this means bailiffs can evict you from the property.

Rules for excluded tenancies or licences

If you have an excluded tenancy or licence (for example you live with your landlord), your landlord does not have to go to court to evict you.

Your landlord only needs to give you ‘reasonable notice’ to quit. The notice does not have to be in writing.

There are no set rules about what’s reasonable. It depends on:

how long you’ve been living there

how often you pay the rent

whether you get on with your landlord

how quickly the landlord needs another person to move in

They can then change the locks on your rooms, even if you’ve left your belongings there. However, they must give your belongings back to you.

If you do not think you’ve been given enough warning to leave, contact your local council for advice. Your council can take action if your landlord has evicted you illegally.

Shelter has more information about eviction of excluded occupiers.

Rules for assured and regulated tenancies

If your tenancy started before 27 February 1997, you might have an assured or a regulated tenancy. Your landlord will have to follow different rules to evict you and you’ll have increased protection from eviction.

There are different eviction notice periods in Wales.

In England, your landlord usually must give you up to 2 months’ notice. Because of COVID-19, the notice periods are longer.

If you were given notice between 26 March 2020 and 28 August 2020, your landlord must have given you 3 months to leave the property.

Shelter has more information about assured tenancies and regulated tenancies.

Shelter Cymru has more information about assured tenancies and regulated tenancies in Wales.

Accelerated possession

Landlords can sometimes evict tenants using ‘accelerated possession’. This is quicker than a normal eviction and does not usually need a court hearing.

Your landlord can only do this if:

you have an assured shorthold tenancy or a statutory periodic tenancy

you have a written tenancy agreement

they’ve given you the required written notice in the right form

they have not asked you to leave before the end of a fixed-term tenancy

You can only stop accelerated possession if you can prove your landlord has not followed the rules listed above.

How it works

If your landlord applies for accelerated possession, the court will send you:

a copy of your landlord’s application

a ‘defence form’

Fill in the defence form to challenge the application or write a statement outlining your circumstances.

If your case is affected by COVID-19, include details. For example, why you lost income and were not able to pay rent.

You can get help filling in the defence form.

You must complete and return the defence form or statement to the court within 14 days of receiving it.

If your landlord applied for possession before 3 August 2020

The judge’s decision

A judge will decide whether to:

issue a possession order, giving your landlord the right to evict you and take possession of the property (this is normally the case)

have a court hearing (this usually only happens if the paperwork is not in order or you’ve raised an important issue)

Even if there’s a hearing, the court can still decide to issue a possession order.

If the judge issues a possession order

If the judge makes a possession order, you’ll normally have 14 or 28 days to leave the property. If this will cause you exceptional hardship, the judge may give you up to 42 days to leave.

If you do not leave at this point, your landlord can use bailiffs to evict you.

Eviction court hearings

If your landlord goes to court to evict you, there will be a ‘possession hearing’.

Before the hearing

You’ll know your landlord is taking you to court to evict you because you’ll be sent court papers, including:

copies of ‘claim for possession’ forms

a defence form

a date for your court hearing

The defence form is your chance to say why you have rent arrears and if you disagree with what your landlord put on the ‘claim for possession’ forms. You need to return it within 14 days.

You may have to pay extra court fees if you do not provide information in the defence form and this results in a delay to your court case.

If you do not attend your court hearing, it’s very likely the judge will decide you’ll lose your home.

Coronavirus (COVID-19) and court hearings

The court process is different because of COVID-19.

Your landlord must tell the court if you and your dependants have been affected by COVID-19. For example, if you have lost income because of COVID-19, which meant you were not able to pay your rent.

During the hearing

If the scheme is not available in your area, check with the court whether there are other advice services. You can also check if you can get legal aid.

The charity Shelter has information on what happens at a possession hearing.

The judge’s decision

The judge could:

dismiss the court case - no order will be made and the hearing is finished

adjourn the hearing - the hearing will be delayed until later, as the judge feels a decision cannot be made on the day

make an ‘order’ - the judge will make a legal decision on what will happen

The judge will dismiss the case if there’s no reason you should be evicted. This might happen if:

your landlord has not followed the correct procedure

your landlord or their representative does not attend the hearing

you’ve paid any rent arrears

If the judge dismisses the case, you can stay in your home. If the landlord wants to evict you, they’ll have to restart the court process from the beginning.

Types of possession order

There are several different kinds of orders a judge can make.

Order for possession (or ‘outright possession order’)

This means you must leave the property before the date given in the order.

The date will be either 14 or 28 days after your court hearing. If you’re in an exceptionally difficult situation, you may be able to convince the judge to delay this for up to 6 weeks.

Suspended order for possession

This means if you make the payments, or obey the conditions, set out in the order, you can stay in your home. If you do not make the payments, your landlord can ask the court to evict you.

Money order

This means you have to pay the landlord the amount set out in the order. If you do not make the payments, action could be taken by the courts to recover the money, including:

deducting money from your wages or bank account

sending bailiffs to take away things you own

If you get into rent arrears after a money order has been made, your landlord can go to court again and ask for a possession order.

Possession orders with a money judgment

A judge can add a money judgment to any of the possession orders. This means you owe a specific amount of money, usually made up of:

your rent arrears

court fees

your landlord’s legal costs

The money judgment will not apply if you pay your arrears and the amount set out in a suspended possession order.

Eviction notices

If you do not leave your home by the date given in an outright possession order, your landlord can ask the court for a ‘warrant of possession’.

Changes to evictions in England and Wales because of coronavirus (COVID-19)

From 1 June 2021 bailiffs can carry out evictions if you live in England.

In Wales, currently you will not be evicted by bailiffs, unless there is a serious reason. Bailiffs will only enter the property if you:

are living there illegally

have been involved in antisocial behaviour

Delaying eviction

You can ask a judge to suspend the warrant at a new hearing. This means they’ll delay the eviction or let you stay in your home if you can make payments again.

The judge will not automatically agree to suspend the warrant.

Applying to suspend a warrant

To apply for a suspension of a warrant, you must fill out an application notice and either send or deliver it to the county court dealing with your case.

You must tell the court you need a hearing at short notice (before your eviction date). You’ll have to pay a court fee of £14, unless you qualify for help.

Pay the county court:

by phone with a debit or credit card

by post with a cheque or postal order made out to ‘HM Courts and Tribunals Service’

in person with cash or a debit or credit card

You can find the address and phone number for the county court online.

Asking the court to change your payments

You’ll have to pay a court fee of £100, unless you qualify for help.

Pay the county court:

in person by cheque, cash, debit or credit card

by post with a cheque made out to ‘HM Courts and Tribunals Service’

Appealing against the decision

You can only appeal if you can show the judge made mistakes in the original possession hearing. You’ll need to ask the judge for permission to appeal at the end of the original hearing.

If you get permission to appeal, you’ll have to apply for an appeal hearing very soon afterwards. You’ll have to pay a court fee of up to £140, unless you qualify for help.

You’ll need to get legal advice.

Contact your local council

If you’re worried about becoming homeless, contact your local council for homelessness help and advice.

Harassment and illegal evictions

It’s a crime for your landlord to harass you or try to force you out of a property without using proper procedures. If this happens, you may have a right to claim damages through the court.

What is harassment?

Harassment can be anything a landlord does, or fails to do, that makes you feel unsafe in the property or forces you to leave.

Harassment can include:

stopping services, like electricity

withholding keys, for example there are 2 tenants in a property but the landlord will only give 1 key

refusing to carry out repairs

anti-social behaviour by a landlord’s agent, for example a friend of the landlord moves in next door and causes problems

threats and physical violence

Illegal eviction and tenants’ rights

Your landlord may be guilty of illegal eviction if you:

are not given the notice to leave the property that your landlord must give you

find the locks have been changed

are evicted without a court order

Even if your landlord’s property is repossessed by their mortgage lender, the lender must give you notice so you can find other accommodation.

If you have an assured, assured shorthold or regulated tenancy, they must give you:

3 months to leave the property if you were given notice between 26 March 2020 and 28 August 2020

6 months to leave if you were given notice between 29 August 2020 and 31 May 2021

4 months to leave if you’ve been given notice since 1 June 2021

In Wales, the notice period must be:

at least 6 months if they gave you notice on or after 24 July 2020

at least 3 months if they issued a section 8 notice for antisocial behaviour

Citizens Advice has information on repossession by your landlord’s mortgage lender.

What you can do

If you think you’re being harassed or threatened with illegal eviction, or the property you rent is being repossessed, talk to your local council.

It may have someone specialising in tenant harassment issues.

Local councils can also start legal proceedings if they think there’s enough evidence of harassment or illegal eviction.

You could also contact a legal adviser, a Citizens Advice office or Shelter’s housing advice helpline.

Your local area may also have other housing or legal advice organisations - your local council, phonebook or library should have details.

If physical violence is involved, contact the police.

For further advice, the Ministry of Housing, Communities and Local Government has a detailed guide for tenants facing harassment and illegal eviction.

Private renting for tenants: evictions

Rules your landlord must follow

Your landlord must follow strict procedures if they want you to leave their property, depending on the type of tenancy agreement you have and the terms of it.

If they do not, they may be guilty of illegally evicting or harassing you.

Your landlord must follow different procedures to evict you in Northern Ireland and Scotland.

Rules for periodic Assured Shorthold Tenancies (ASTs)

Periodic tenancies run on a week-by-week or month-by-month basis with no fixed end date.

If you have one of these, your landlord must usually give you ‘notice to quit’ - they must do this in a certain way depending on your type of tenancy agreement and its terms.

Notice periods

There are different eviction notice periods in Wales.

In England, your landlord usually must give you up to 2 months’ notice. Because of coronavirus (COVID-19), the notice periods are longer.

If you were given notice between 26 March 2020 and 28 August 2020, your landlord must have given you 3 months to leave the property.

If you were given notice between 29 August 2020 and 31 May 2021, your landlord must have given you 6 months to leave the property

If you’ve been given notice since 1 June 2021, your landlord must give you 4 months to leave.

You might have to leave much sooner if you’re evicted using a section 8 notice, depending on the reason for eviction.

If you do not leave at the end of the notice period

Rules for fixed-term ASTs

Fixed-term tenancies run for a set amount of time. Your landlord must give you notice in a certain way if you’re in a fixed-term tenancy.

Notice periods

In England, your landlord usually must give you up to 2 months’ notice. Because of COVID-19, the notice periods are longer.

If you’ve been given notice since 1 June 2021, in most cases your landlord must give you 4 months to leave.

If you refuse to leave at the end of the notice period, the rules depend on whether the fixed term has ended or not.

Eviction during the fixed term

During the fixed term, your landlord can only evict you for certain reasons - for example:

you have not paid the rent

you’re engaging in antisocial behaviour

there’s a ‘break clause’ in your contract - this allows your landlord to take back the property before the end of the fixed term

A possession order will not take effect until you’ve been living in the property for at least 6 months.

Eviction at the end of the fixed term

At the end of the fixed term, the landlord does not need a reason to evict you. As long as they’ve given you correct notice, they can apply to the court for a possession order.

If the court gives your landlord a possession order and you still do not leave, your landlord must apply for a warrant for possession - this means bailiffs can evict you from the property.

Rules for excluded tenancies or licences

If you have an excluded tenancy or licence (for example you live with your landlord), your landlord does not have to go to court to evict you.

Your landlord only needs to give you ‘reasonable notice’ to quit. The notice does not have to be in writing.

There are no set rules about what’s reasonable. It depends on:

how long you’ve been living there

how often you pay the rent

whether you get on with your landlord

how quickly the landlord needs another person to move in

They can then change the locks on your rooms, even if you’ve left your belongings there. However, they must give your belongings back to you.

If you do not think you’ve been given enough warning to leave, contact your local council for advice. Your council can take action if your landlord has evicted you illegally.

Shelter has more information about eviction of excluded occupiers.

Rules for assured and regulated tenancies

If your tenancy started before 27 February 1997, you might have an assured or a regulated tenancy. Your landlord will have to follow different rules to evict you and you’ll have increased protection from eviction.

There are different eviction notice periods in Wales.

In England, your landlord usually must give you up to 2 months’ notice. Because of COVID-19, the notice periods are longer.

If you were given notice between 26 March 2020 and 28 August 2020, your landlord must have given you 3 months to leave the property.

Shelter has more information about assured tenancies and regulated tenancies.

Shelter Cymru has more information about assured tenancies and regulated tenancies in Wales.

Accelerated possession

Landlords can sometimes evict tenants using ‘accelerated possession’. This is quicker than a normal eviction and does not usually need a court hearing.

Your landlord can only do this if:

you have an assured shorthold tenancy or a statutory periodic tenancy

you have a written tenancy agreement

they’ve given you the required written notice in the right form

they have not asked you to leave before the end of a fixed-term tenancy

You can only stop accelerated possession if you can prove your landlord has not followed the rules listed above.

How it works

If your landlord applies for accelerated possession, the court will send you:

a copy of your landlord’s application

a ‘defence form’

Fill in the defence form to challenge the application or write a statement outlining your circumstances.

If your case is affected by COVID-19, include details. For example, why you lost income and were not able to pay rent.

You can get help filling in the defence form.

You must complete and return the defence form or statement to the court within 14 days of receiving it.

If your landlord applied for possession before 3 August 2020

The judge’s decision

A judge will decide whether to:

issue a possession order, giving your landlord the right to evict you and take possession of the property (this is normally the case)

have a court hearing (this usually only happens if the paperwork is not in order or you’ve raised an important issue)

Even if there’s a hearing, the court can still decide to issue a possession order.

If the judge issues a possession order

If the judge makes a possession order, you’ll normally have 14 or 28 days to leave the property. If this will cause you exceptional hardship, the judge may give you up to 42 days to leave.

If you do not leave at this point, your landlord can use bailiffs to evict you.

Eviction court hearings

If your landlord goes to court to evict you, there will be a ‘possession hearing’.

Before the hearing

You’ll know your landlord is taking you to court to evict you because you’ll be sent court papers, including:

copies of ‘claim for possession’ forms

a defence form

a date for your court hearing

The defence form is your chance to say why you have rent arrears and if you disagree with what your landlord put on the ‘claim for possession’ forms. You need to return it within 14 days.

You may have to pay extra court fees if you do not provide information in the defence form and this results in a delay to your court case.

If you do not attend your court hearing, it’s very likely the judge will decide you’ll lose your home.

Coronavirus (COVID-19) and court hearings

The court process is different because of COVID-19.

Your landlord must tell the court if you and your dependants have been affected by COVID-19. For example, if you have lost income because of COVID-19, which meant you were not able to pay your rent.

During the hearing

If the scheme is not available in your area, check with the court whether there are other advice services. You can also check if you can get legal aid.

The charity Shelter has information on what happens at a possession hearing.

The judge’s decision

The judge could:

dismiss the court case - no order will be made and the hearing is finished

adjourn the hearing - the hearing will be delayed until later, as the judge feels a decision cannot be made on the day

make an ‘order’ - the judge will make a legal decision on what will happen

The judge will dismiss the case if there’s no reason you should be evicted. This might happen if:

your landlord has not followed the correct procedure

your landlord or their representative does not attend the hearing

you’ve paid any rent arrears

If the judge dismisses the case, you can stay in your home. If the landlord wants to evict you, they’ll have to restart the court process from the beginning.

Types of possession order

There are several different kinds of orders a judge can make.

Order for possession (or ‘outright possession order’)

This means you must leave the property before the date given in the order.

The date will be either 14 or 28 days after your court hearing. If you’re in an exceptionally difficult situation, you may be able to convince the judge to delay this for up to 6 weeks.

Suspended order for possession

This means if you make the payments, or obey the conditions, set out in the order, you can stay in your home. If you do not make the payments, your landlord can ask the court to evict you.

Money order

This means you have to pay the landlord the amount set out in the order. If you do not make the payments, action could be taken by the courts to recover the money, including:

deducting money from your wages or bank account

sending bailiffs to take away things you own

If you get into rent arrears after a money order has been made, your landlord can go to court again and ask for a possession order.

Possession orders with a money judgment

A judge can add a money judgment to any of the possession orders. This means you owe a specific amount of money, usually made up of:

your rent arrears

court fees

your landlord’s legal costs

The money judgment will not apply if you pay your arrears and the amount set out in a suspended possession order.

Eviction notices

If you do not leave your home by the date given in an outright possession order, your landlord can ask the court for a ‘warrant of possession’.

Changes to evictions in England and Wales because of coronavirus (COVID-19)

From 1 June 2021 bailiffs can carry out evictions if you live in England.

In Wales, currently you will not be evicted by bailiffs, unless there is a serious reason. Bailiffs will only enter the property if you:

are living there illegally

have been involved in antisocial behaviour

Delaying eviction

You can ask a judge to suspend the warrant at a new hearing. This means they’ll delay the eviction or let you stay in your home if you can make payments again.

The judge will not automatically agree to suspend the warrant.

Applying to suspend a warrant

To apply for a suspension of a warrant, you must fill out an application notice and either send or deliver it to the county court dealing with your case.

You must tell the court you need a hearing at short notice (before your eviction date). You’ll have to pay a court fee of £14, unless you qualify for help.

Pay the county court:

by phone with a debit or credit card

by post with a cheque or postal order made out to ‘HM Courts and Tribunals Service’

in person with cash or a debit or credit card

You can find the address and phone number for the county court online.

Asking the court to change your payments

You’ll have to pay a court fee of £100, unless you qualify for help.

Pay the county court:

in person by cheque, cash, debit or credit card

by post with a cheque made out to ‘HM Courts and Tribunals Service’

Appealing against the decision

You can only appeal if you can show the judge made mistakes in the original possession hearing. You’ll need to ask the judge for permission to appeal at the end of the original hearing.

If you get permission to appeal, you’ll have to apply for an appeal hearing very soon afterwards. You’ll have to pay a court fee of up to £140, unless you qualify for help.

You’ll need to get legal advice.

Contact your local council

If you’re worried about becoming homeless, contact your local council for homelessness help and advice.

Harassment and illegal evictions

It’s a crime for your landlord to harass you or try to force you out of a property without using proper procedures. If this happens, you may have a right to claim damages through the court.

What is harassment?

Harassment can be anything a landlord does, or fails to do, that makes you feel unsafe in the property or forces you to leave.

Harassment can include:

stopping services, like electricity

withholding keys, for example there are 2 tenants in a property but the landlord will only give 1 key

refusing to carry out repairs

anti-social behaviour by a landlord’s agent, for example a friend of the landlord moves in next door and causes problems

threats and physical violence

Illegal eviction and tenants’ rights

Your landlord may be guilty of illegal eviction if you:

are not given the notice to leave the property that your landlord must give you

find the locks have been changed

are evicted without a court order

Even if your landlord’s property is repossessed by their mortgage lender, the lender must give you notice so you can find other accommodation.

If you have an assured, assured shorthold or regulated tenancy, they must give you:

3 months to leave the property if you were given notice between 26 March 2020 and 28 August 2020

6 months to leave if you were given notice between 29 August 2020 and 31 May 2021

4 months to leave if you’ve been given notice since 1 June 2021

In Wales, the notice period must be:

at least 6 months if they gave you notice on or after 24 July 2020

at least 3 months if they issued a section 8 notice for antisocial behaviour

Citizens Advice has information on repossession by your landlord’s mortgage lender.

What you can do

If you think you’re being harassed or threatened with illegal eviction, or the property you rent is being repossessed, talk to your local council.

It may have someone specialising in tenant harassment issues.

Local councils can also start legal proceedings if they think there’s enough evidence of harassment or illegal eviction.

You could also contact a legal adviser, a Citizens Advice office or Shelter’s housing advice helpline.

Your local area may also have other housing or legal advice organisations - your local council, phonebook or library should have details.

If physical violence is involved, contact the police.

For further advice, the Ministry of Housing, Communities and Local Government has a detailed guide for tenants facing harassment and illegal eviction.