Guidance

Understanding the possession action process: A guide for social rented tenants in England

Updated 9 January 2024

Applies to England

© Crown copyright 2024

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This publication is available at https://www.gov.uk/government/publications/understanding-the-possession-action-process-guidance-for-landlords-and-tenants/understanding-the-possession-action-process-a-guide-for-social-rented-tenants-in-england-and-wales

Who is this guide for?

This guide is for tenants in England who are renting a house or flat from a local authority (council) or a Private Registered Provider of Social Housing/Registered Social Landlord (referred to in this guidance as ‘a housing association’).

This guide is designed to assist tenants who have been served with a notice by their landlord indicating that the landlord will be taking legal action to obtain possession of their home. See the overview of the possession process below.

This guidance also provides useful advice for tenants who are in rent arrears or who otherwise feel that they may be at risk of being served with notice by their landlord.

Being served with notice can be a worrying or stressful experience. This guide will help you to understand your rights, and the options which are available to you. However, this guidance is intended as information rather than legal advice. It is important that you access legal and money advice and support tailored to your individual circumstances as early as possible. Seeking advice at an early stage could prevent you from losing your home.

As soon as your landlord gives you notice that they are seeking to possess your home, free legal advice and representation is available from the Housing Loss Prevention Advice Service.

A housing law expert will work with you to identify what may be causing someone to seek possession of your home and recommend potential solutions. For example, they may be able to provide legal advice on matters such as illegal eviction, disrepair, rent arrears, welfare benefits payments and debt. This advice could prevent the loss of your home.

Find out more about the Housing Loss Prevention Advice Service and how to find a nearby provider.

The possession action process in Wales

Welsh housing law changed from 1 December 2022. You can find more information about the new rules and requirements affecting social rented sector landlords and tenants in Wales.

An overview of the possession process

If there is any change in your circumstances which means that you will have problems keeping to the terms of your tenancy, you should let your landlord know as soon as possible.

Free legal advice is available through the Housing Loss Prevention Service (HLPAS) from the moment that you receive a possession notice up to the possession hearing (Stages 1, 2, 3 and 4). A housing law expert may be able to help you prevent the loss of your home. This could include providing advice on issues such as debt and access to housing benefits, helping you to file a defence to your landlord’s claim, or helping you to agree a rent repayment plan with your landlord.

Stage 1: Notice

Your landlord will give you a notice setting out its intention to seek possession. The notice will specify a date after which possession proceedings may be commenced. If you receive a notice, contact your housing officer (or rent officer) immediately to see what can be done to stop the process going any further.

Stage 2: If you stay in your home after the notice expires

Once the date specified in the notice has passed, your landlord can issue a claim for possession in the local county court. As well as asking the court for a possession order, your landlord will usually ask the court to order that you pay any rent arrears and that you pay the landlord’s legal costs. Your landlord will have to provide the court with a Covid Notice informing the court, to the best of your landlord’s knowledge, of what the effect of the pandemic has been on you and your dependants. The Covid Notice should be detailed on Section 7 of the Particulars of Claim and/ or on a written note attached to that form. The Particulars of Claim sets out the legal basis upon which the Landlord claims to be entitled to possession for example arrears of rent.

You will be sent a copy of the landlord’s claim documents, which will. set out the legal basis upon which the Landlord claims to be entitled to possession, for example arrears of rent. You will also receive information on where to obtain legal advice to help you with your case.

You can file a defence to contest the claim, if your landlord has not followed the correct procedures and/or the reasons provided for the eviction are not valid. You can include details about your circumstances, including if you were affected by COVID-19 and this is relevant to the claim; for example, if you were placed on furlough and this affected your ability to pay the rent. You will be allowed a stated period of time to file a defence and to provide your own statement about how you have been affected by the coronavirus pandemic (where this is relevant to the possession claim). You will also receive information on where to obtain legal advice to help you with your case.

Stage 3: Before the hearing

You will be notified by the court of the date for the hearing and the court will provide you with any further directions as necessary. Before the hearing, you and your landlord should attempt to reach a settlement, for example agreeing a plan to repay rent arrears. A legal adviser may be able to help you to reach a settlement with your landlord. Your landlord should inform the court if a settlement has been reached and a hearing is no longer required. Free legal advice is available through the Housing Loss Prevention Advice Service.

Your landlord should inform the court if a settlement has been reached and a hearing is no longer required.

Stage 4: The possession hearing

If a settlement cannot be agreed, there will be a possession hearing, at which a judge will decide whether to make a possession order.

If you are an assured shorthold tenant and your landlord is using the Section 21 possession process, the court may make a decision without a hearing taking place, as it may be clear, on the papers submitted, that your landlord is entitled to a possession order.

You may be able to get free emergency legal advice and representation at the possession hearing. For more information see the Housing Loss Prevention Advice Service.

Stage 5: Warrant of possession and bailiffs

If an outright possession order is granted at the hearing and you do not leave your home within the time limit provided, your landlord can apply for a Warrant of Possession. Your landlord can also apply for a warrant of possession if a suspended possession order was granted at the hearing and you do not keep to its’ terms. In most cases, you will be given at least 14 days’ notice of the date of the eviction appointment.

A Warrant of Possession is a document issued by the county court which allows a county court bailiff to enter your home, evict you from the property and return it to your landlord.

You can apply to suspend the warrant before the date of the eviction, which if successful will result in the eviction being postponed or the warrant being set aside, allowing you to remain in your home. You must follow the instructions on the notice telling you the date and time of the eviction if you wish to make an application to suspend the warrant. However, if you do not make an application or if the court does not agree to suspend the warrant, a county court bailiff will enforce the warrant and evict you from your home.

Government funded legal advice will still be available. You can have a discussion with an adviser to find out about the support available to you by contacting Civil Legal Advice (CLA):

  • Website: https://www.gov.uk/civil-legal-advice
  • Phone 0345 345 4345 - Monday to Friday, from 9am to 8pm and Saturday from 9am to 12:30pm
  • Text ‘legalaid’ and your name to 80010 to ask CLA to call you back. It costs the same as a normal text message

CLA may be able to put you in touch with a solicitor, local law centre or advice agency that can help you.

Alternatively, you can contact a housing expert directly. You can find a list of housing solicitors by typing in your postcode and ticking the box ‘Housing’ at: Find a legal aid adviser.

If you are worried about rent arrears

It is important that you contact your landlord as soon as possible if you are worried about meeting your rental payments. An early conversation with your landlord can help you to agree a plan if you are struggling to pay the rent. This can include agreeing that your landlord does not seek possession action for a period of time and instead accepts a lower level of rent from you. You may also reach an agreement to pay off arrears at a later date.

If you have suffered a loss of income or other changes to your financial circumstances, you should let your housing officer or rent officer know the details and any plan you have for addressing the situation. If you think you may be entitled to benefits, you can ask your housing officer or rent officer for advice or assistance in making a claim. They can also help you to work out an affordable plan for paying your arrears. If you agree a plan, do your best to keep to it and, if problems arise, make contact to let your landlord know.

Financial support

If you fall into financial difficulties due to a change in your employment or earnings you may qualify for Universal Credit. Find more information about Universal Credit.

Local authorities can provide support for tenants to stay in their homes. Ask your council about Discretionary Housing Payments.

You can also find more information on government support for employers and employees.

Pre-action Protocol for possession claims by social landlords

The Courts have published a Pre-Action Protocol for possession claims by social landlords which sets out the procedures that social landlords should follow before issuing possession claims. The protocol aims to:

  • encourage more pre-action contact and exchange of information between landlords and tenants
  • if possible, enable landlords and tenants to avoid litigation and settle disputes out of court
  • if court proceedings are inevitable, enable an effective use of court’s time and resources

The protocol provides specific guidance on handling claims for rent arrears and cases where the court must grant possession if the landlord proves the case – mandatory grounds.

If the landlord unreasonably fails to comply with the terms of the protocol the court can take this into account when making any order for costs, adjourn the case, or where the claim is brought on discretionary grounds strike out the claim.

If the tenant does not comply with the terms of the protocol the court can take this into account in considering whether it is reasonable to make an order for possession.

More detail about the protocol is in Annex B.

Stage 1: The possession notice

Free legal advice is available from the moment you receive notice that possession is being sought through the Housing Loss Prevention Advice Service. This advice may help prevent the loss of your home.

The adviser can provide advice on issues such as debt, housing disrepair and welfare benefits payments. They may be able to help you file a defence to your landlord’s claim or help you to agree a rent repayment plan with your landlord.

Local authority tenants

If you are a local authority tenant you are likely to have one of the following tenancies:

  • a secure periodic tenancy
  • an introductory tenancy
  • a flexible fixed term tenancy

This guide deals with the possession process in respect of each of these 3 tenancy types.

Secure tenants

Most local authority tenancies are secure periodic tenancies, often known as ‘lifetime’ tenancies. They are granted for an indefinite period with the rent being due on a periodic basis, for example weekly or monthly.

Stage 1: What to do when you are served with a notice seeking possession under section 83 or section 83ZA of the Housing Act 1985

If you have a secure periodic tenancy you can only be evicted if your landlord can prove to the court that certain legal reasons apply. These reasons are called grounds for possession. Grounds for possession are either:

  • discretionary - the court has to decide whether it is reasonable for you to be evicted; or
  • mandatory - the court must order you to leave if the local authority can prove that the ground applies

Most possession grounds are discretionary and include, for example, rent arrears, damage to the property, and causing a nuisance to neighbours (anti-social behaviour).

The mandatory grounds include where the local authority plans to demolish your home or needs to carry out major works which cannot be done while you are living there. There is also a mandatory ground for anti-social behaviour, where you or a member of your household has already been convicted of anti-social behaviour in the courts. In most cases, where the local authority is relying on mandatory grounds, they will have to offer another council or housing association home for you to move into. Your landlord does not have to offer you anywhere else to live if you are being evicted because of anti-social behaviour.

Your landlord can use both mandatory and discretionary grounds. The court will look first at whether the mandatory grounds which your landlord has listed are valid. If these cannot be proven, the court will then look at the discretionary grounds in order to make a decision.

Your landlord must give you written notice that it intends to go to court to seek possession. You can receive a notice at any time during your tenancy.

The type of notice that you are given will depend on whether the landlord is relying on the mandatory anti-social behaviour ground or whether they are relying on any of the other possession grounds.

If the landlord wishes to start possession proceedings, they must apply to court within a year of the date specified in the notice as being the date after which possession proceedings may be begun. If they don’t, the notice will expire and the landlord cannot use it.

When you receive a section 83 Housing Act 1985 notice

The notice must specify the grounds your landlord will be relying on for seeking possession and the date after which the possession proceedings may be begun.

The type of ground(s) which the landlord is using to evict you will affect how the case is dealt with by the court:

  • Grounds 1 to 8 and 12 to 15A are discretionary grounds. Before the court will grant an order on any of these grounds, they must be satisfied that it is reasonable to require you to leave. This means that, if one of these grounds is set out in the notice, you will be able to argue at the hearing in Court that it is not reasonable that you should have to leave, even if you accept that the ground applies. If the Court decides that it is reasonable to grant a possession order, it will go on to consider whether it is reasonable to suspend the effect of that order. The Court has the power to suspend the Order indefinitely in these discretionary cases, but it will usually make the suspension conditional upon you abiding by certain terms.

  • Before the Court grants an order on any of the Grounds 9 to 15A, it must be satisfied that there will be suitable alternative accommodation for you when you have to leave. This may be either a council or housing association tenancy. In deciding whether the accommodation is suitable, the court will consider various factors such as how near it is to where you work, and the sort of housing that other people with similar needs are offered.

There are some steps which you should take promptly to avoid the risk of losing your home:

  • Check that the landlord has given the notice correctly. The notice will not be valid if it doesn’t include your name, the address of the property, the grounds for possession (the reasons why your landlord wants you to leave), and the date the after which court proceedings can be brought (the date on which the notice ends).

  • Check that you have been given the correct amount of notice. From 1 October 2021 all notice periods returned to their pre-pandemic lengths. For section 83 Housing Act 1985 notices in England this is usually a minimum of 4 weeks. You can find more information about the notice periods which need to be provided under section 83 of the Housing Act 1985 in Table A1 in Annex A.

  • Check that the reason for eviction your landlord gave in the notice is valid. The notice should explain what grounds your landlord is using to evict you (numbered 1-15A), and why the landlord is using the grounds for possession.

  • Contact your housing officer as soon as possible to discuss the situation. See whether you can reach an agreement about steps that you will take to let your landlords see that there is no need for them to take possession proceedings.

  • If your housing officer does not reassure you that possession proceedings will not be commenced at this stage, seek legal advice. You can receive free legal advice on your situation through the Housing Loss Prevention Advice Service.

Citizens Advice and Shelter may also be able to provide you with advice and assistance free of charge.

When the mandatory anti-social behaviour ground for possession applies you will receive a notice under section 83ZA of the Housing Act 1985

The notice must:

  • set out the reasons why your landlord wants to evict you
  • inform you that you that you have the right to request a review of the landlord’s decision to evict you
  • if your landlord is seeking possession on other grounds as well, set out those grounds
  • inform you that you should take the notice to Citizens Advice, a housing aid centre, a law centre or a solicitor immediately if you need help or advice.

If the landlord is seeking to evict you because you, someone living with you or someone visiting you have committed a relevant offence, the notice must also:

  • state the conviction on which your landlord proposes to rely
  • be served within 12 months of the conviction, or if the conviction is appealed, within 12 months of the appeal being determined, abandoned or withdrawn

If the landlord is seeking to evict you because you have breached a relevant injunction under s.1 of the Anti-social Behaviour, Crime and Policing Act 2014, the notice must also:

  • set out the findings on which the landlord proposes to rely
  • be served within 12 months of the finding, or if there is an appeal against the finding, within 12 months of the appeal being determined, abandoned or withdrawn

If the landlord is seeking to evict you because your property is or has been subject to a closure order, the notice must also:

  • state the relevant closure order and
  • be served within 3 months of the closure order being made, or if there is an appeal against the order, within 3 months of the appeal being determined, abandoned or withdrawn

Following the review, your landlord must inform you in writing whether it will let you keep your tenancy or whether it intends to start possession proceedings. If your landlord decides to start possession proceedings, it must tell you the reasons why.

If you do not leave at the end of the notice period, your landlord will be able to apply to repossess the property through the county court.

You might be able to challenge your eviction and stay longer in your home but, in most cases, if a section 83ZA has been served and your landlord has followed the procedure correctly, your landlord will be entitled to possession. It is important to get legal advice about this. You can receive free legal advice and representation through the Housing Loss Prevention Advice Service .

You and your adviser should:

  • Check that the landlord has given you the correct period of notice to leave. In England from 1 October 2021 notice periods returned to their pre-pandemic lengths. For section 83ZA, Housing Act 1985 notices in England this is at least 4 weeks.

    For more information about section 83ZA notice periods in England please see Table A1 in Annex A.

  • Check that the landlord has given the correct notice and included all of the required information.

  • Check that the review was carried out correctly. The court may refuse to grant possession if your landlord failed to carry out a review which you asked for within the time limits, or if the decision on the review is wrong in law.

Your legal adviser will also be able to consider whether there may be any reasonable prospect of defending the claim based on discrimination, disability, public law or public sector equality duty factors.

More information about discrimination is available from the Citizens Advice website:

More information about the public law and public sector equality duty defence is available from the Shelter website:

Introductory tenancies

An introductory tenancy is a probationary or trial tenancy granted to a new tenant that allows the local authority landlord to decide if you are a good tenant. Not all local authorities give introductory tenancies to new tenants. The trial period lasts for 12 months but can be extended for a further 6 months.

At the end of the trial period, unless the local authority landlord seeks possession of the property, the tenant will be given either a secure periodic tenancy or a flexible fixed term tenancy.

Stage 1: What to do when you are served with a notice under section 128 of the Housing Act 1996

If you have an introductory tenancy, you can be evicted for breaches of your tenancy, such as rent arrears or anti-social behaviour. Your landlord does not have to prove to the court that you have breached your tenancy but they must follow the correct legal process.

Your landlord must give you written notice (under section 128 of the Housing Act 1996) that it intends to go to court to seek possession.

The notice must:

  • set out the reasons why your landlord wants to evict you
  • inform you that you that you have the right to request a review of the landlord’s decision to evict you
  • inform you that you should take the notice to Citizens Advice, a housing aid centre, a law centre or a solicitor immediately if you need help or advice

You have 14 days from the date the notice is delivered to ask for a review.

This is your opportunity to tell your landlord why you should not be evicted. You can either:

  • attend a review hearing, with or without an adviser present
  • set out your reasons in writing, including any relevant evidence

Following the review, your landlord must inform you in writing whether it will let you keep your tenancy or whether it intends to start possession proceedings. If your landlord decides to start possession proceedings, it must tell you the reasons why.

If you do not leave at the end of the notice period, your landlord will be able to apply to repossess the property through the county court.

You might be able to challenge your landlord’s claim for possession and stay longer in your home but, with an introductory tenancy, the bases for bringing a legal challenge are very limited. It is important to get legal advice about this. You can receive free legal advice from a housing law expert through the Housing Loss Prevention Advice Service.

If the landlord wishes to start possession proceedings, they must usually apply to court within a year of the start date of your introductory tenancy. If the landlord has extended the trial period of your introductory tenancy (the maximum extension allowed is 6 months) they must apply to the court before the end of the extended period, if they want to obtain possession. If they do not, they will not be entitled to possession as the introductory period will have finished and your tenancy will have become secure.

When you receive a section 128 Housing Act 1996 notice

You might be able to challenge your eviction and stay longer in your home but, in most cases, if a section 128 has been served and your landlord has followed the procedure correctly, your landlord will be entitled to possession. It is important to get legal advice about this. You can receive free legal advice and representation through the Housing Loss Prevention Advice Service.

You and your adviser should:

  • Check that the landlord has given you the required period of notice to leave. From 1 October 2021 all notice periods returned to their pre-pandemic lengths. For section 128 Housing Act 1996 notices this is at least 4 weeks.

  • Check that the landlord has given the correct notice and included all of the required information.

  • Check that the review was carried out correctly. The court may refuse to grant possession if your landlord failed to carry out a review which you asked for within the time limits, or if the decision on the review is wrong in law.

Your legal adviser will also be able to consider whether there may be any reasonable prospect of defending the claim based on discrimination, disability, public law or public sector equality duty factors.

More information about discrimination is available from the Citizens Advice website:

More information about the public law and public sector equality duty defence is available from the Shelter website:

Flexible tenancies

A flexible tenancy, is a type of fixed-term secure tenancy. The fixed term is usually for a minimum of 5 years, but may be for a minimum of 2 years in exceptional circumstances. A local authority landlord must serve the tenant with prior written notice that a tenancy will be a flexible tenancy.

At the end of the fixed term, your landlord may decide to grant a further flexible tenancy or a secure periodic tenancy, or ask you to leave. If your landlord does not take any action, either to give you a new tenancy or to ask you to leave, your tenancy will become a secure periodic tenancy.

Different rules apply depending on whether your landlord is seeking to evict you at the end of the fixed term or during the fixed term.

Stage 1: What to do when you are served with a notice of seeking termination of tenancy and recovery of possession under section 83 of the Housing Act 1985

This applies where your landlord is seeking possession during the fixed term of your flexible tenancy. Possession will only be granted by the court if your landlord can prove that one of the legal reasons (grounds) for possession provided for in the Housing Act 1985 applies in your case.

The notice must specify the grounds your landlord will be relying on for seeking possession and the date after which the possession proceedings may be begun.

The type of ground(s) which the landlord is using to evict you will affect how the case is dealt with by the court:

  • Grounds 1 to 8 and 12 to 15A are discretionary grounds. Before the court will grant an order on any of these grounds, they must be satisfied that it is reasonable to require you to leave. This means that, if one of these grounds is set out in the notice, you will be able to argue at the hearing in Court that it is not reasonable that you should have to leave, even if you accept that the ground applies. If the Court decides that it is reasonable to grant a possession order, it will go on to consider whether it is reasonable to suspend the effect of that order. The Court has power to suspend the Order indefinitely in these discretionary cases, but it will usually make the suspension conditional upon you abiding by certain terms.

  • Before the Court grants an order on any of the Grounds 9 to 15A, it must be satisfied that there will be suitable alternative accommodation for you when you have to leave. This may be either a council or housing association tenancy. In deciding whether the accommodation is suitable, the court will consider various factors such as how near it is to where you work, and the sort of housing that other people with similar needs are offered.

If the landlord wishes to start possession proceedings, they must apply to court within a year of the date specified in the notice as being the date after which possession proceedings may be begun. If they don’t, the notice will expire and the landlord cannot use it.

There are some steps which you should take promptly to avoid the risk of losing your home:

  • Seek legal advice. You can receive free legal advice from a housing law expert through the Housing Loss Prevention Advice Service. This advice may help to prevent the loss of your home.

  • Check that the landlord has given the notice correctly. The notice will not be valid if it doesn’t include your name, the address of the property, the grounds for possession (the reasons why your landlord wants you to leave), and the date the after which court proceedings can be brought (the date on which the notice ends).

  • Check that you have been given the correct amount of notice. From 1 October 2021 all notice periods returned to their pre-pandemic lengths. For section 83 Housing Act 1985 notices this is usually a minimum of 4 weeks.

  • Check that the reason for eviction your landlord gave in the notice is valid. The notice should explain what grounds your landlord is using to evict you (numbered 1-15A), and why the landlord is using the grounds for possession.

  • Contact your housing officer as soon as possible to discuss the situation. See whether you can reach an agreement about steps that you will take to let your landlords see that there is no need for them to take possession proceedings.

If your housing officer does not reassure you that possession proceedings will not be commenced at this stage, seek legal advice if you have not already done so. You can receive free legal advice and representation through the Housing Loss Prevention Advice Service.

Citizens Advice and Shelter may also be able to provide you with advice and assistance free of charge.

Stage 1: What to do when you are served with a notice under section 107D of the Housing Act 1985

This applies where you landlord decides to take possession, rather than giving you another tenancy, after the fixed term has ended. Your landlord does not have to prove to the court that you have breached your tenancy but it must follow the correct legal process.

To be able to obtain a possession order from the court, your landlord must take the following 2 steps:

(1) Your landlord must give you written notice that they do not intend to grant a further tenancy not less than 6 months before the end of the fixed term.

The notice must set out the landlord’s reasons for not granting a further tenancy, and inform you of your right to review the decision.

You have 21 days to ask for a review. You do not need to put your request in writing.

Your landlord must have a policy which sets out the circumstances in which it may or may not grant another tenancy at the end of the fixed term (either in the same or another property). In carrying out the review, your landlord must consider whether its decision not to grant a further tenancy is consistent with that policy.

Your landlord must notify you, in writing, of the outcome of the review. If your landlord decides to uphold the original decision, they must give you the reasons for the decision.

You must be notified of the review decision before the date on which your landlord can start possession proceedings, ie before the date specified in the notice of seeking possession (see below).

(2) Your landlord must give you written notice (under section 107D of the Housing Act 1985) that they intend to go to court to seek possession.

The notice must be given on or before the date of expiry of the fixed-term of the tenancy. There is no prescribed form for the notice.

If you do not leave at the end of the notice period, your landlord will be able to apply to repossess the property through the county court.

When you receive a notice under section 107D

You might be able to challenge your eviction and stay longer in your home but, in most cases, if a section 107D notice has been served and your landlord has followed the procedure correctly, your landlord will be entitled to possession. It is important to get legal advice about this. You can receive free legal advice and representation through the Housing Loss Prevention Advice Service.

You and your adviser should:

  • Check that the landlord has given you the required period of notice to leave. From 1 October 2021 all notice periods returned to their pre-pandemic lengths. For section 107D notices this is a minimum of 2 months. See Table A4, Annex A for details of the notice periods for section 107D notices.

  • Check that the landlord has given the correct notice and included all of the required information.

  • Check that the review was carried out correctly. The court may refuse to grant possession if your landlord failed to carry out a review which you asked for within the time limits, or if the decision on the review is wrong in law.

Your legal adviser will also be able to consider whether there may be any reasonable prospect of defending the claim based on discrimination, disability, public law or public sector equality duty factors.

More information about discrimination is available from the Citizens Advice website:

More information about the public law and public sector equality duty defence is available from the Shelter website:

Housing association tenants

Most housing association tenants have an assured tenancy.

Some housing association tenants have assured shorthold tenancies. This will be the case if:

  • you are a new tenant with a starter tenancy
  • you have a fixed term assured shorthold tenancy of at least 2 years
  • your tenancy has been demoted because of anti-social behaviour

If you live in supported housing your tenancy may be assured or it may be an assured shorthold.

Tenants with assured tenancies have greater rights to remain in their home than those with assured shorthold tenancies.

If you have been a housing association tenant since before 15 January 1989, it is likely that you will have a secure tenancy. See the section on ‘Secure tenancies’ above.

Assured tenancies

Assured tenancies are granted for an indefinite period with the rent being paid on a periodic basis, for example weekly or monthly.

Stage 1: What to do when you are served with a notice of seeking possession under section 8 of the Housing Act 1988

If you have an assured tenancy you can only be evicted if your landlord can prove to the court that certain legal reasons apply. These reasons are called grounds for possession. These include, for example, rent arrears, damage to the property and causing a nuisance to neighbours (anti-social behaviour).

The type of ground(s) which the landlord is using to evict you will affect how they are used court:

  • Grounds 1 to 8 are mandatory grounds. This means that the court will accept the landlord’s reasons for eviction if these can be proven.
  • Grounds 9 to 17 are discretionary grounds. This means that your landlord will have to show the court that the grounds for possession are appropriate to the circumstances. The court will decide whether they accept your landlord’s grounds and whether they agree that is reasonable for the eviction to proceed.

Your landlord can use both mandatory and discretionary grounds. The court will look first at whether the mandatory grounds which your landlord has listed are valid. If these cannot be proven, the court will then look at the discretionary grounds in order to make a decision.

Your landlord must give you written notice that it intends to go to court to seek possession. This is called a Section 8 notice or a notice of seeking possession. You can receive a Section 8 notice at any time during your tenancy.

If you do not move out and the landlord wishes to start possession proceedings, they must apply to court within a year of giving you the notice. If they don’t, the notice will expire and the landlord cannot use it.

When you receive a notice of seeking possession under section 8 of the Housing Act 1988:

  • Seek legal advice. You can receive free legal advice from a housing law expert through the Housing Loss Prevention Advice Service. This advice may help to prevent the loss of your home.

  • Check that the landlord has given your Section 8 notice correctly. The notice will not be valid if it doesn’t include your name, the address of the property, the grounds for possession (why your landlord wants you to leave), and the date the notice ends.

  • Check that the landlord has given you the correct period of notice to leave. See Table A5, Annex A for details of notice periods in England

  • Check that the reason for eviction your landlord gave in the Section 8 notice are valid. The Section 8 notice should explain what grounds your landlord is using to evict you (numbered 1-17), and why the landlord is using the grounds for possession.

  • Contact your housing officer as soon as possible to discuss the situation. See whether you can reach an agreement about steps that you will take to let your landlords see that there is no need for them to take possession proceedings.

  • If your housing officer does not reassure you that possession proceedings will not be commenced at this stage, seek legal advice.

Citizens Advice and Shelter may also be able to provide you with advice and assistance free of charge.

Starter tenancies

If you are a new housing association tenant, you may have a starter tenancy. This is a probationary, or trial, tenancy which allows your landlord to decide whether you are a good tenant. A starter tenancy is a type of assured shorthold tenancy. It usually lasts for 12 months but can be extended for a further 6 months, if there are problems such as rent arrears or anti-social behaviour in the first year. At the end of the trial period your landlord may give you:

  • an assured tenancy
  • a fixed term assured shorthold tenancy of at least 2 years

Stage 1: What to do when you are served with a notice requiring possession under section 21 of the Housing Act 1988

During your starter tenancy you may be evicted if you break the rules of your tenancy, for example if have rent arrears, you have damaged the property, or you have caused a nuisance to neighbours (anti-social behaviour). Your landlord does not need a reason to evict you but they must follow the correct procedure.

Your landlord must give you a written notice that it intends to go to court to seek possession. This is a Section 21 notice and must be on the appropriate form (a Form 6A). Your landlord cannot give you a Section 21 notice within the first 4 months of your tenancy.

You may be entitled to ask for a review of your landlord’s decision to evict you. Check your landlord’s policy, or ask your landlord directly if necessary. A review gives you the opportunity to say which you should be allowed to stay. For example, you may be able to come to an arrangement to pay off any rent arrears.

When you receive a Section 21 notice

You might be able to challenge your eviction and stay longer in your home but, in most cases, if a Section 21 notice has been served and your landlord has followed the procedure correctly, your landlord will be entitled to possession. It is important to get legal advice about this. You can receive free legal advice and representation through the Housing Loss Prevention Advice Service.

You and your adviser should:

  • Check that the landlord has given you the required period of notice to leave. If your landlord gave you notice after 1 October 2021 they must provide at least 2 month’s notice.

  • Check that the landlord has given the correct notice and included all of the required information.

  • Check that the review was carried out correctly. The court may refuse to grant possession if your landlord failed to carry out a review which you asked for within the time limits, or if the decision on the review is wrong in law.

  • Check that the landlord has started court proceedings in time, where this applies. If they gave you the notice on or after 1 October 2021, your landlord must generally have made a claim for possession in the court within 6 months of giving you the notice. However, if your tenancy is a periodic tenancy under which more than 6 months’ notice is required, your landlord can make the claim up to 4 months after the date specified in the notice as the date after which you must leave the property.

Your legal adviser will also be able to consider whether there may be any reasonable prospect of defending the claim based on discrimination, disability, public law or public sector equality duty factors.

More information is available from the Citizens Advice website.

Assured shorthold tenancies for a fixed term of 2 years or more

You may have a fixed term assured shorthold tenancy. Since 1 April 2012, some housing associations landlords give new tenants fixed term assured shorthold tenancies instead of assured tenancies. These tenancies are usually for at least 5 years, but may be for a minimum of 2 years in exceptional circumstances. You may have been given a starter tenancy beforehand. Your landlord must have a policy setting out the circumstances in which it will grant different types of tenancies.

At the end of the fixed term, your landlord may decide to grant a further fixed term tenancy, an assured tenancy, or ask you to leave. If your landlord does not take any action, either to give you a new tenancy or to ask you to leave, your tenancy will become a statutory periodic assured shorthold tenancy which will have all the same terms as your previous fixed term tenancy.

Your landlord must give you notice in a certain way if you have a fixed-term assured shorthold tenancy of 2 years or more. The type of notice that you are given will depend on whether the landlord asks you to leave during the fixed term or at the end of the fixed term.

Stage 1: What to do when you are served with a notice of seeking possession under section 8 of the Housing Act 1988

During the fixed term, your landlord can only evict you for certain reasons. These reasons are called grounds for possession. These include:

  • rent arrears
  • damage to the property
  • causing a nuisance to neighbours (anti-social behaviour)

Your landlord must give you written notice that it intends to go to court to seek possession. This is called a Section 8 notice. You can receive a Section 8 notice at any time during your tenancy.

If you do not move out and the landlord wishes to start possession proceedings, they must apply to court within a year of giving you the notice. If they don’t, the notice will expire and the landlord cannot use it.

When you receive a Section 8 notice

  • Get legal advice. You can receive free legal advice from a housing law expert through the Housing Loss Prevention Advice Service. This advice may help to prevent the loss of your home.

  • Check that the landlord has given your Section 8 notice correctly. The notice will not be valid if it doesn’t include your name, the address of the property, the grounds for possession (why your landlord wants you to leave), and the date the notice ends.

  • Check that the landlord has given you the correct period of notice to leave. In England from 1 October 2021 all notice periods returned to their pre-pandemic lengths. See the Table A5 at Annex A for more information about notice periods.

  • Check that the reason for eviction your landlord gave in the Section 8 notice are valid. The Section 8 notice should explain what grounds your landlord is using to evict you (numbered 1-17), and why the landlord is using the grounds for possession.

  • Contact your housing officer as soon as possible to discuss the situation. See whether you can reach an agreement about steps that you will take to let your landlords see that there is no need for them to take possession proceedings.

  • If your housing officer does not reassure you that possession proceedings will not be commenced at this stage, seek legal advice.

Citizens Advice and Shelter may also be able to provide you with advice and assistance free of charge.

Stage 1: What to do when you are served with a notice requiring possession under section 21 Housing Act 1988

At the end of the fixed term, your landlord may decide to take possession of the property, rather than to grant you a further tenancy.

Your landlord does not need a legal reason (ground) to obtain possession. As long as they have given you the correct notices, they can apply to the court for a possession order if you do not leave by the date your landlord has asked you to.

If your landlord asks you to leave at the end of the fixed term, they will serve you with a Section 21 notice. This must be on the appropriate form (a Form 6A).You cannot be served with a Section 21 notice any earlier than 2 months before the end of your fixed term.

In addition to serving a valid Section 21 notice, your landlord must give you written notice not less than 6 months before the end of the fixed term stating that the landlord does not propose to grant you another tenancy. The notice must inform you how to obtain help or advice on the notice.

There is no statutory right of review of the landlord’s decision not to grant another tenancy, but you may be entitled to a review under your landlord’s policies. Your landlord should inform you if you can ask for a review.

When you receive a Section 21 notice

  • Get legal advice. You can receive free legal advice from a housing law expert through the Housing Loss Prevention Advice Service. This advice may help to prevent the loss of your home.

  • Check if the notice informing you that the landlord does not propose to grant another tenancy is valid. Check that you have received the notice no later than the end of the fixed term of your tenancy and that the information in it is correct.

  • Check that the landlord has given you the required period of notice to leave. In England from 1 October 2021 all notice periods returned to their pre-pandemic lengths. This means that a Section 21 notice must provide at least 2 month’s notice.

  • Longer notice periods were introduced due to coronavirus (COVID-19). In England, from 26 March 2020 to 28 August 2020, the minimum notice period was 3 months, from 29 August 2020 until 31 May 2021 the minimum notice period was 6 months, and from 1 June to 30 September the minimum notice period was 4 months.

  • Check if the Section 21 notice is valid. When you receive a Section 21 notice, you can check that the notice is valid. You should seek help from Shelter or Citizens Advice if you are unsure.

  • Consider seeking legal advice.

To serve a valid Section 21 notice, the landlord must have completed the following steps, although not all of these will be relevant to every tenancy (see guide to Section 21 notices).

Your landlord must have:

  • Given you 2 months’ notice to leave if your landlord gave you notice at any time on or after 1 October 2021.

  • Used Form 6A when giving notice. Your section 21 notice will only be valid if your landlord used the right version of Form 6A (or otherwise provided in writing all of the information required by that form).

  • Started court proceedings in time. If they gave you the notice on or after 1 October 2021, your landlord must generally have made a claim for possession in the court within 6 months of giving you the notice. However, if your tenancy is a periodic tenancy under which more than 6 months’ notice is required, your landlord can make the claim up to 4 months after the date specified in the notice as the date after which you must leave the property.

  • Provided you at the start of the tenancy with a valid gas safety certificate, if there is a gas installation in in the property, and an energy performance certificate.

  • Given you the notice not sooner than 4 months after your (first) tenancy of the property started.

If you have complained about the condition of the property, and your local authority has inspected and served an improvement notice or notice of emergency remedial action, your landlord cannot use a section 21 eviction for 6 months and must complete the repairs.

All tenants

Stage 2: If you stay in your home after the notice expires

Social housing tenants usually choose to stay in their home after the notice expires as:

  • They may be able to come to an agreement with the landlord and the landlord may decide not to issue possession proceedings.
  • They may have a defence to the claim for possession which they can put forward to the court.
  • If the claim for possession is based on discretionary grounds, even if a judge finds that the landlord has established the ground, the judge may decide to suspend the possession order to give the tenant an opportunity to keep the tenancy.

In cases where the landlord is known to be entitled to possession (e.g. because you are assured shorthold tenant of a housing association or you are a local authority tenant with an introductory tenancy or a flexible tenancy which has expired), you may want to return the property to avoid legal proceedings and becoming liable for your landlord’s court costs. Your landlord may also be prepared to write off arrears if you leave by agreement.

Before moving out, always inform your landlord and return the keys, and:

  • obtain legal advice so that you are clear about the legal position. A housing law expert can advise you on what to do through the Housing Loss Prevention Advice Service. Advice will be free of charge and your financial situation will not affect your right to access it
  • consider making a homelessness application to your local authority, especially if you have children or you, or a household member, suffers from a disability - the local authority may advise you to stay put for it to be able to help you

If your landlord makes a claim for possession

If your landlord makes a claim for possession, the court will send you:

  • copies of the landlord’s claim documents
  • a defence form for you to complete

The court will also send you details about how to obtain free advice on your circumstances, if you have not already done so.

Don’t wait until this time to get legal advice. Government funded legal advice and representation is available to anyone facing the loss of their home through the Housing Loss Prevention Advice Service. This is a free service and may prevent the loss of your home.

Your landlord may use the standard possession procedure, in which a court hearing will take place. If this is the case, you will receive a further direction with regard to the court hearing, the address of the court where the case will be heard, and the date of the court hearing. You will receive a copy of their application. If you want to challenge your landlord’s application, you will receive instructions from the court on how to do this.

Alternatively, if your landlord is a housing association and you have an assured shorthold tenancy (including a starter tenancy), your landlord may use the court’s accelerated procedure to claim possession. If that happens, there will only be a hearing if the judge considers that the legal position requires clarification, or if the judge considers that you may need extra time (up to a maximum of 6 weeks) to move out due to extreme hardship.

Court hearings for possession are usually held in the county court that covers the area where your home is. If a hearing is scheduled, you can find the contact details for the court at which your hearing is being held at.

You should let the court know as soon as possible if you have any special requirements, for example if you need extra assistance to access the building or take part in the hearing.

Before attending court, it is important that you check the website on what to expect when coming to a court or tribunal.

In the event a possession hearing takes place, you may be able to receive free legal advice and representation from a housing adviser at court. Please ensure you arrive at least 30 minutes before your hearing as the court usher will be able to direct you to the adviser who can represent you during the hearing.   

Do not wait until this time to get legal advice. Seek help as soon as you can to increase your chances of keeping your home. Free legal advice is available through the Housing Loss Prevention Advice Service.

The defence form

The court will provide you with instructions on how you can get advice about defending the possession claim.

The defence form enables you to contest the landlord’s claim for possession because they have not followed the correct procedures in evicting you and/or the reasons the landlord provides for the eviction (where applicable) are not valid, for example, if you have paid off any rent arrears which you previously owed.

If you have difficulty filling in the form which has been sent to you, you can send the court a short statement explaining your circumstances and why a possession order should not be made.

Some of the situations in which you may wish to challenge a possession claim are set out in the possession notice section above. Your personal circumstances may have changed since the notice was first issued, for example, and you may now be in a position to pay off rent arrears. If this is the case, you may wish to describe on the defence form how your circumstances have changed and why you feel that the landlord should no longer be able to obtain possession of your home.

In some circumstances, you may consider making a counterclaim. For example, a claim for compensation if repairs needed at the property were not carried out.

You need to return the defence form to the court as soon as possible. You can return your defence to the email or postal addresses provided, or via Possession Claims Online if the landlord used this service.  Where your landlord used the online process, the court will provide you with a username and password which will allow you to login to Possession Claims Online and respond to your landlord’s claim.

It is important that you seek advice and return the defence form or a statement outlining your circumstances, to the court before the date of the hearing. This is because 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.

Important: If your landlord is a housing association and is using the accelerated possession process, the defence form may be your only opportunity to contest the landlord’s claim for possession.

How to seek advice on filling out your defence form

Government funded legal advice and representation (legal aid) is available to anyone facing the loss of their home through the Housing Loss Prevention Advice Service. A housing law expert can help you to complete your defence form. This is a free service and may help to prevent the loss of your home.

Other sources of advice

Citizens Advice may be able to help you with filling in forms and/or provide sessions with local solicitors free of charge. Shelter may also be able to provide you with advice and assistance free of charge.

Stage 3: Before the hearing

It is important that you follow the instructions provided in the papers sent to you by the court as there may be further directions.

Before the possession hearing, you should take the opportunity to seek legal advice on your case. A government-funded housing law expert can help you. For more information see the Housing Loss Prevention Advice Service.

Where possible and appropriate, you and your landlord should try to reach a settlement before the hearing; for example, you may wish to reach an agreement under which you can stay in your home as long as you repay any outstanding rent arrears through a monthly repayment plan. A legal adviser may be able to help you to reach a settlement with your landlord ahead of the court hearing.

Before the court hearing, you should receive a copy of all the documents relating to the case, including the landlord’s claim form. The landlord is required to submit this information when they make a claim. If you have not received these documents, you should let the duty adviser, or the judge, know on the day of the hearing.

Stage 4: The possession hearing

If you have not previously done so, it is important you take independent legal advice on your circumstances before you attend the substantive possession hearing. A housing law expert can help you. For more information see the Housing Loss Prevention Advice Service.

You can also receive advice from Shelter or Citizens Advice.

You may also have the opportunity to get advice from a duty adviser on the day of the court hearing (see the ’Housing Loss Prevention Advice Service’ section below).

At a county court possession hearing, a judge decides whether the landlord should be granted possession.

It is important that you attend the court hearing. This will enable the judge to hear from both you and your landlord. The hearing is for 15 minutes.

If you are attending the hearing in person, you should bring your hearing letter with your case number, which will help you to find where you need to go in the building. You should also bring any evidence you have to the hearing. This could include:

  • bank statements showing money in your bank account
  • a letter about a new job or an increase in the hours you work
  • a copy of your tenancy agreement

You and your landlord can attend the hearing. You can both bring people to help represent you, such as a solicitor or adviser. If you do not attend your court hearing, it is very likely the judge will decide to award possession to the landlord.

Before attending court, it is important that you check the website on what to expect when coming to a court or tribunal.

The Housing Loss Prevention Advice Service

If you have not received advice beforehand, you may be able to get free legal advice and representation from a housing adviser at the court hearing.

A member of court staff can direct you to the adviser. You should make sure that you arrive early – at least 30 minutes before the hearing – to allow plenty of time to speak to the adviser. You should also bring any relevant paperwork to show them, including:

  • details of your income
  • the possession notice
  • the paperwork and documents sent to you by the court
  • any defence sent to the court before the hearing
  • details of any legal help or representation you’ve already had

At the court hearing

Your case is heard by a judge who will make a decision based on the evidence provided by you and your landlord and on what the law says. Whilst they will consider all of the evidence that has been submitted, in certain circumstances the judge may have no or limited discretion to dismiss or adjourn the case if the claim has been made correctly and/or if the reason for applying for possession can be proven.

For local authority tenants this will be relevant for introductory, flexible and demoted tenancies, the section 83ZA ground, and grounds 9 to 15A of schedule 2 to 1985 Housing Act. For housing association tenants this will be relevant where a landlord has made a claim for possession using the section 21 process or is using the mandatory grounds under section 8.

When you go into the hearing room you will be told who will speak and when. You will be given time to ask any questions that you have and give evidence in your case. If you have a solicitor or barrister, they will ask questions for you. The judge may also ask you or your landlord questions. You can take notes to help you, but you must not take photos or videos.

At the court hearing the judge might:

  • adjourn the hearing - it will be moved to a later date
  • dismiss the landlord’s claim – the claim will have been unsuccessful for reasons which the judge should make clear
  • make a possession order – which may either be ‘outright’, ‘suspended’ or ‘postponed’, depending on the grounds on which the order is made and the circumstances of the case as assessed by the judge. This may ultimately mean you have to leave your home.

The judge may adjourn the case if:

  • the judge decides that there is insufficient time to hear the case on the day
  • the judge decides that more information is needed
  • you are unable to attend court for valid reasons e.g. a hospital admission

The judge may dismiss the case if:

  • the landlord has not followed the correct procedure
  • the landlord’s housing officer or legal representative does not attend the hearing
  • the judge decides that the grounds for possession have not been proved
  • you have paid any rent that was owed

You can stay in your property if the judge dismisses the case. The landlord may be ordered to pay your legal costs. Depending on the reason for dismissal, the landlord may be able to continue to seek possession but would have to start a fresh court process.

Possession Orders

The judge can make different kinds of possession order.

Outright possession order

This form of order requires you to leave your property by a date specified in the order – the deadline for leaving is midnight on the specified date unless stated otherwise within the order.

The date will usually be 14 to 28 days after the court hearing, although it could be shorter or longer, up to a maximum of 6 weeks in cases where the judge considers that your situation is one of extreme hardship.

If you do not leave your property on or before the date given in the order, the landlord can request the court to issue a warrant of possession under which the court bailiff will carry out an eviction.

Suspended possession order

This form of order specifies a date for possession, but it also sets out conditions which you must abide by. For example, a condition might be that you pay the rent plus a stated amount towards the arrears each month. So long as you keep to the conditions, the landlord will not be able to evict you. If you breach the conditions, the landlord can request the court to issue a warrant of possession and the court bailiff will then arrange to carry out an eviction.

Postponed possession order

Postponed possession orders do not include a specific date for when you must leave the property. If you breach the terms of a postponed possession order, the landlord can make an application to the court to get a fixed eviction date. The court decides whether there will be another hearing.

Possession orders with a money judgment

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

  • the rent arrears
  • court fees
  • your landlord’s legal costs

The money judgment will not be enforceable against you so long as you pay your arrears and the amount set out in a suspended possession order.

However, if you do not pay, the landlord can apply to enforce the possession order and the money judgement. This means that the landlord can ask county court bailiffs to evict you from your home (see below), and also recover the money owed in a separate court process.

Appealing against the decision

You may be able to appeal to a higher court if the county court judge made mistakes in the possession hearing. If you think this is the case at the end of the hearing, you should ask the judge for the reasons for the decision made and for permission to appeal. If the judge gives you permission, or if you continue to be concerned, you should seek legal advice urgently. Any appeal must usually be made no more than 21 days after the date of the order complained of. A solicitor who specialises in housing should be able to advise you whether you have grounds for an appeal and whether it is worth pursuing. You will have to pay a court fee of up to £151 for bringing an appeal, unless you qualify for help.

Getting advice on what to do next

Government funded legal advice remains available. Contact Civil Legal Advice (CLA) to have a discussion with an adviser to find out about the support available to you:  

  • Website: https://www.gov.uk/civil-legal-advice
  • Phone 0345 345 4345 - Monday to Friday, from 9am to 8pm and Saturday from 9am to 12:30pm
  • Text ‘legalaid’ and your name to 80010 to ask CLA to call you back. It costs the same as a normal text message 

CLA may be able to put you in touch with a solicitor, local law centre or advice agency that can help you.   

Alternatively, you can contact a housing expert directly. You can find a list of housing solicitors by typing in your postcode and ticking the box ‘Housing’ at: Find a legal aid adviser.

Stage 5: Warrants of possession and bailiffs

Important: Do not wait until you are about to be evicted by bailiffs before seeking advice. The sooner you seek to resolve the situation, the more likely you are to get help and/ or be able to remain in your home.

If you remain in the property after the date specified in an outright possession order has passed, or if you have breached the conditions of a suspended possession order, the landlord can apply for a warrant of possession.

A warrant of possession is a document issued by the county court which allows a county court bailiff to enter your home, evict you from the property and return it to your landlord.

In most cases, you will receive an eviction notice, giving a date by when you must leave. You will usually be given at least 14 days’ notice. The bailiff will attend at the date and time shown on the eviction notice. This means that, if you do not leave, you will be evicted by a county court bailiff at that date and time.

Applying to suspend the warrant

Before the date of the eviction, in certain circumstances, you can apply to suspend a warrant of possession by filling in form N244 . This will cost £14, unless you qualify for help. There will be a new hearing, at which the judge may delay the eviction or let you stay in your home if you can make payments again. However, the judge will not automatically agree to suspend the warrant. You should take advice on whether an application to suspend the warrant is likely to succeed and is the best option to resolve your case.

Getting advice on applying to suspend the warrant or writ

Government funded legal advice remains available. Contact Civil Legal Advice (CLA) to have a discussion with an adviser to find out about the support available to you: 

  • Website: https://www.gov.uk/civil-legal-advice
  • Phone: 0345 345 4345 - Monday to Friday, from 9am to 8pm and Saturday from 9am to 12:30pm  
  • Text: ‘legalaid’ and your name to 80010 to ask CLA to call you back. It costs the same as a normal text message  

CLA may be able to put you in touch with a solicitor, local law centre or advice agency that can help you.  

Alternatively, you can contact a housing expert directly. You can find a list of housing solicitors by typing in your postcode and ticking the box ‘Housing’ at: Find a legal aid adviser.  

 You could also contact the housing charity Shelter or Citizens Advice.

The circumstances in which a warrant of possession may be suspended include:

  • If you couldn’t attend the original court hearing

You can apply for the court decision to be set aside if you:

(a) had a good reason for missing the court hearing (b) applied to have the order set aside as soon as you knew that the court had made a possession order, and (c) would have had a good chance of persuading the court not to make the possession order if you had attended.

  • If suspending the bailiff’s warrant is reasonable

If you are being evicted on a discretionary ground, the court can suspend the bailiff’s warrant if they decide it is reasonable to do so.

  • If your landlord agrees to let you stay

If, after discussion with your landlord they decide not to pursue the eviction and let you stay in your home, you can ask them to withdraw their application for a warrant of possession.

  • If you received a Section 21 notice but there was no court hearing

The court may cancel a possession order if the landlord used accelerated possession proceedings, and served an invalid Section 21 notice.

There will be a new hearing, at which you will be entitled to receive free advice and representation from a housing adviser. For more information see the Housing Loss Prevention Advice Service.

If one or more of the circumstances above applies in your case the judge may decide to delay the eviction or let you stay in your home if you can make payments again. If the judge does not accept that you have a valid reason to stay, or that the eviction date should be delayed, then the eviction will proceed.

Further advice and information

Annex A: Minimum notice period lengths for tenancies in England

A1. Notice period lengths under section 83 and 83ZA of the Housing Act 1985 (Secure and Flexible Tenancies)

Legislation: Section 83, Housing Act 1985 / For grounds see Schedule 2 to the Act / Applicable to secure tenancies

Users: Local authorities and where tenancy granted pre-1988 Act, private registered providers of social housing

Ground Notice period: From 1 October 2021
Where court considers reasonable  
1: Rent arrears or breach of tenancy 4 weeks
2: Nuisance/annoyance, illegal/immoral use of property None- proceedings may be commenced immediately after service of notice
2ZA: Rioting 4 weeks
2A: Domestic abuse (social tenancies only – where victim has permanently left the property) 4 weeks
3: Deterioration of property (tenant at fault) 4 weeks
4: Deterioration of furniture (tenant at fault) 4 weeks
5: False statement 4 weeks
6: Assignment by mutual exchange for a premium 4 weeks
7: Tied accommodation and misconduct 4 weeks
8: Temporary home while works being carried out 4 weeks
Where suitable alternative accommodation is available  
9: Overcrowding 4 weeks
10: Demolition/redevelopment 4 weeks
10A: Regeneration 4 weeks
11: Charity and has not met objectives 4 weeks
Where suitable alternative accommodation is available and court considers reasonable  
12: Tied accommodation/employment 4 weeks
13: Accessible accommodation and tenant doesn’t require it 4 weeks
14: Housing association, accommodation for people who have difficulty in meeting specific housing needs and tenant no longer requires it 4 weeks
15: Housing for people with special needs, and tenant no longer requires it 4 weeks
15A: Succession, property too big (Only applies in England) 4 weeks
16: Succession, property too big (Only applies in Wales) 4 weeks

Legislation: Section 83ZA, Housing Act 1985 / Applicable to secure tenancies

Users: Local authorities & where tenancy granted pre-88 Act, private registered providers of social housing

Ground Notice period: From 1 October 2021
Mandatory ground for serious ASB At least 4 weeks

A2. Notice period lengths under section 128 of the Housing Act 1996 (Introductory Tenancies)

Legislation: Section 128 Housing Act 1996 / Applicable to introductory tenancies

Users: Local authorities

Ground Notice period: From 1 October 2021
Possession of introductory tenancy At least 4 weeks

A3. Notice period lengths under section 143E of the Housing Act 1996 (Demoted Tenancies)

Legislation: Section 143E, Housing Act 1996 / Applicable to demoted local authority tenancies

Users: Local authorities

Ground Notice period: From 1 October 2021
Possession of demoted tenancy At least 4 weeks

A4. Notice period lengths under section 107D of the Housing Act 1985 (Flexible Tenancies)

Legislation: Section 107D, Housing Act 1985 / Applicable to flexible tenancies – a type of secure fixed term tenancy

Users: Local authorities

Ground Notice period: From 1 October 2021
Recovery of possession on expiry of flexible tenancy. A flexible tenancy is a type of secure fixed term tenancy. 2 months

A5. Notice period lengths under section 8 of the Housing Act 1988 (Assured and Assured Shorthold Tenancies)

Legislation: Section 8, Housing Act 1988 / For grounds see Schedule 2 to the Act / Applicable to assured and assured shorthold tenancies

Users: Private sector and private registered providers of social housing (housing associations)

Ground Notice period: From 1 October 2021
Mandatory (judge must award possession if ground met)  
1: Landlord wants to move in 2 months
2: Mortgage repossession 2 months
3: Out of season holiday let 2 weeks
4: Let to student by an educational institution 2 weeks
5: Property required for use by minister of religion 2 months
6: Demolition / redevelopment 2 weeks
7: Death of tenant 2 months
7a: Serious anti-social behaviour 4 weeks (periodic tenancy)

1 month (fixed term tenancy)
7b: No right to rent in the UK 2 weeks
8: Serious rent arrears at time of service of notice and possession proceedings 2 weeks
Discretionary (judge can decide whether to award possession, if ground met)  
9: Alternative accommodation available 2 months
10: Some rent arrears at the time of service of notice and possession proceedings 2 weeks
11: Persistent late payment of rent 2 weeks
12: Breach of tenancy agreement 2 weeks
13: Tenant deteriorated property 2 weeks
14: Nuisance/annoyance, illegal/immoral use of property None- proceedings may be commenced immediately after service of notice
14A: Domestic abuse (social tenancies only – where victim has permanently left the property) 2 weeks
14ZA: Rioting 2 weeks
15: Tenant has deteriorated furniture 2 weeks
16: Employment 2 months
17: False statement 2 weeks

Annex B: Pre-Action Protocol

Information

The protocol requires that the landlord should take reasonable steps to ensure that the tenant understands any information provided. The landlord should be able to demonstrate what steps have been taken to this effect.

If the landlord is aware that the tenant is particularly vulnerable, the landlord should consider at an early stage:

  • whether the tenant has the necessary mental capacity to defend a possession claim and, where appropriate, apply to appoint a litigation friend under Part 21 of the Civil Procedure Rules
  • whether there are any discrimination issues under the Equality Act 2010
  • if the landlord is a local authority, whether there is a need for a community care assessment.

Rent arrears

Initial contact

The protocol advises landlords, as soon as possible after the tenant falls in rent arrears, and before serving a notice of seeking possession, to do the following:

  • contact the tenant to discuss the reason for the arrears, the tenant’s financial circumstances, any entitlement to benefits, and repayment of the arrears
  • try to agree with the tenant an affordable arrangement for paying the arrears with any arrangement to be confirmed in writing
  • provide quarterly rent statements showing rent outstanding and paid in the last 13 weeks
  • assist the tenant with any claim for benefits, including housing benefit, the housing element of universal credit, and/or discretionary housing payments
  • if the tenant meets the criteria, arrange for direct payments of arrears to be made to the landlord from the tenant’s benefits
  • not start possession proceedings when the tenant has provided all the necessary evidence to support a benefit claim, there is a reasonable expectation that the tenant will be entitled, and the tenant has paid other sums due that are not covered by benefits.
  • establish effective liaison with the benefit department and/or the Department for Work and Pensions.
  • advise the tenant to seek independent advice, recognising that the tenant may have a general debt problem

After service of notice

After serving the statutory notice of seeking possession, and before issuing possession proceedings, landlords should:

  • make reasonable efforts to contact the tenant to discuss: the amount and cause of the arrears, repayment of the arrears, and the position regarding benefits. The landlords should send to the tenant a copy of the protocol
  • agree to postpone the court proceedings for as long as the tenant is complying with an agreement to pay current rent plus an amount towards the arrears
  • warn the tenant who has stopped complying with a repayment agreement of the intention to bring possession proceeding, giving clear time limits within which to comply

Alternative dispute resolution

The protocol advises parties to consider whether it is possible to resolve the issues by discussion and negotiation without recourse to the courts, and advises that they may be required to provide evidence that they have considered alternative means of resolving the dispute.

Court proceedings

Not less than ten days before the court hearing, landlords must provide the tenant with an up-to-date rent statement, and disclose to the tenant what information they have about her/his housing benefit or universal credit position.

Landlords should also inform the tenant of:

  • the date and time of the court hearing
  • the order they will apply for
  • the need to attend the hearing

If after issuing proceedings the tenant has been complying with an agreement to pay, landlords should agree to an adjournment, as long as the tenant sticks to the agreement. If the tenant subsequently fails to comply, landlords should advise the tenant that they intend to go back to court, providing clear time limits for compliance.

Claim on mandatory grounds

In cases where the court must grant possession if the landlord proves the case, before issuing any possession claim landlords should:

  • write to the tenants/occupiers explaining why they currently intend to seek possession and ask them to notify the landlord in writing of any personal circumstances or other matters which they wish to be taken into account, giving clear time limits for responses - such a letter could accompany any notice to quit; and
  • consider any representations received, and if they decide to proceed with a claim for possession give brief written reasons for doing so.

If they decide to proceed with the possession claim, landlords should include in the particulars of claim, or in any witness statement, a schedule giving a summary of:

  • whether they have (by statutory review procedure or otherwise) invited the tenants/occupiers to disclose any personal circumstances or other matters which they wish to be taken into account before they issue possession proceedings
  • whether they have considered any representations made by the tenants/occupiers
  • why they are bringing possession proceedings, and
  • any relevant documents (attaching copies) which they wish the court to consider in relation to the proportionality of their decision to bring proceedings
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