Notices of possession served before 1 May 2026: a guide for tenants who are renting from a private landlord
This guide covers what happens when your landlord gives you notice before 1 May 2026 to leave your home and the court and evictions process if you do not leave.
Applies to England
This guide is for tenants who:
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rent a property in England from a private landlord
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have an assured or assured shorthold tenancy
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have received a notice to leave the property before 1 May 2026 and that notice had not expired on or before 30 April 2026
When your landlord gives you notice to leave the property this is sometimes known as ‘seeking possession’.
The notice could either be a section 8 notice using Form 3, or a section 21 notice using Form 6A.
If you have received a notice of possession from your landlord, they are starting the possession action process. This is where your landlord may be able to get a possession order from the court. The possession order means that you will legally have to leave your home. If you do not leave, your landlord can get bailiffs to evict you.
This guide explains how the possession action process works and your rights and options during the process.
If you have received a notice of possession on or after 1 May 2026, you need to refer to the possession guidance for tenants who have been given a section 8 notice on or after 1 May 2026.
This guidance may apply if you are in a shared property. However, in certain cases your rights and responsibilities will vary. This guidance does not cover:
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lodgers (people who live with their landlord)
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people on a licence to occupy (for example, those who live in tied accommodation related to their employment and property guardians
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tenants living in a property which is not their main or only home (for example, a holiday let)
However, this is not a full list. You should take legal advice if you are unsure if this guidance will apply to you. If you are unsure which type of tenancy you have, you can use Shelter’s tenancy rights checker.
Separate guidance is available for social housing tenants.
Private renting laws are different across the UK, so different guidance has been published about the possession action process for private tenants in Northern Ireland, Scotland and Wales.
If you own and live in your property and are worried about your mortgage lender repossessing your home, separate guidance is available on repossession.
Harassment or unlawful eviction
It is unlawful for your landlord to harass you. It is also unlawful for your landlord to force you to leave your home without following the correct legal process. You can find more information about harassment and unlawful evictions, and what you can do if you are affected, in the harassment and illegal evictions guidance.
Stage 1: What to do when you are served with a notice of possession
Your landlord can serve you with a section 8 notice or a section 21 notice to give you notice to leave (seek possession). If your landlord has served you with a section 8 or section 21 notice, you should read the notice carefully and follow the 2 steps below.
1. Seek advice about your circumstances
You can access free legal advice through the Housing Loss Prevention Advice Service as soon as you receive a written notice of possession, or contact Civil Legal Advice for more information about the government funded support that may be available to you.
For more information about these services and other places you can go to access support, refer to annex A: further advice and support for information about where you can get help and support.
2. Contact your landlord or letting agent
You could talk to your landlord or letting agent as they may let you stay if you can resolve the issues that led to the possession notice. If your landlord is seeking possession because you owe them rent (rent arrears), they could agree to you staying if you can prove that you can repay the amount you owe.
You and your landlord can try mediation to agree to a solution which suits you both, avoiding the need to go to court.
Unlawful discrimination
It is unlawful for a landlord to end your tenancy based on one or more of these protected characteristics:
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disability
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gender reassignment
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pregnancy and maternity
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race
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religion or belief
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sex
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sexual orientation
In some circumstances, it may be possible to prevent the eviction if your landlord is discriminating against you.
For example:
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because of your gender
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if the landlord refused to make changes for a disability you may have
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if you feel you are being evicted because you complained about discrimination before (this is known as victimisation)
Check if your housing problem is discrimination.
Preparing to challenge your eviction if you’ve been discriminated against.
However, you can seek legal advice before challenging an eviction notice because of discrimination, including disability discrimination. Refer to annex A: further advice and support for information about where you can get help and support.
If you were served with a section 8 notice
You can usually be given a section 8 notice at any time during your tenancy, but this will depend on why your landlord wants to evict you.
You may be able to challenge the claim for possession and stay for longer in your home. However, you should think carefully before doing this because you may have to pay court costs if your landlord issues court proceedings and the court decides in their favour.
Your landlord must provide a reason for giving you a section 8 notice. There are several reasons, or grounds, for serving a section 8 notice such as:
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owing rent (rent arrears)
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damage to the property
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causing a nuisance to neighbours (antisocial behaviour)
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breach of terms in your tenancy agreement
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the landlord needs to move back into the property
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the property is being repossessed by the mortgage provider
The list does not cover all the reasons why your landlord can give you a section 8 notice. A full list of the section 8 grounds is at annex B.
Grounds for possession
There are two types of grounds your landlord can use when they give you a section 8 notice to leave the property.
Mandatory grounds
The court must give your landlord an order for possession if they can prove the reason they have used applies. The order will give the date that you need to leave. If you do not leave by that date, your landlord can apply to the court to evict you.
Discretionary grounds
The court can decide whether to grant possession, even if the grounds are proven.
If your landlord has used both mandatory and discretionary grounds, the court will check if the mandatory grounds are proved. If not, they will review the discretionary grounds and make a decision based on those.
What to do next
When you receive the notice, you should check that:
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the notice of possession was served correctly
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the information provided in the notice of possession was correct and sufficient
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the grounds the landlord used are justified
You can contest the landlord’s claim for any of these reasons, or because of discrimination or disability. However, you can seek legal advice on your circumstances. Refer to annex A: further advice and support for information about where you can get help and support.
Checking the section 8 notice
To serve a valid section 8 notice, your landlord must have used Form 3, or a form which contains the same information. The date by which you must leave to avoid possession proceedings being issued will depend on the reason that your landlord wants you to leave. The section 8 notice must explain what grounds your landlord is using to take back possession. You can find details of the notice periods for each of these grounds at annex B.
If you think that the ground your landlord is trying to use does not apply to your circumstances, you can state this in your defence if the case goes to court. Describe any relevant changes in your circumstances, for example, you could explain that you have paid off rent arrears that you previously owed.
Time limits for starting court action
If you do not move out and your landlord needs to go to court to take back possession, they have time limits in which to apply. They must apply to court to start possession proceedings either within 12 months from the date they gave you the notice of possession, or by 31 July 2026, whichever is earliest.
If they do not do this the notice of possession will expire, and the landlord cannot use it to start proceedings at court. They will need to restart the process and follow new rules and notice periods which will come into effect on 1 May 2026 when serving a new section 8 notice. Refer to the possession guidance for tenants who have been given a section 8 notice on or after 1 May 2026.
Breathing space
Different time limits may apply if your landlord is seeking possession because you owe them rent and you are in a breathing space for debt.
If your landlord is seeking possession using a section 8 notice because you owe them rent, they cannot start court proceedings for possession whilst you are in a breathing space. Once the breathing space ends, if the notice of possession has expired, your landlord will have 8 weeks to start court proceedings to take back possession. The 8 weeks begins on the date that the breathing space ends.
If the section 8 notice has not expired when the breathing space ends your landlord can also get an extension if, when the breathing space ends, there are fewer than 8 weeks remaining before the notice will expire. In these circumstances the landlord will have 8 weeks to start proceedings beginning with the date that the breathing space ends.
If you were served with a section 21 notice
Section 21 notices apply to assured shorthold tenancies only.
You may be able to challenge the claim for possession and stay for longer in your home. However, you should think carefully before doing this because you may have to pay court costs if your landlord issues court proceedings and the court decides in their favour.
You can get legal advice about this. Please see annex A: further advice and support for information about where you can get help and support.
Checking if the section 21 notice is valid
You can check that the notice of possession is valid.
To take back possession of the property using section 21, the landlord must have completed the following steps, although not all of these will be relevant to every tenancy. For more information, refer to the section 21 and section 8 notices guidance.
Your landlord must have:
- given you at least 2 months’ notice to leave before applying to the court for a possession order
You may be entitled to more than 2 months’ notice if you had a periodic (rolling) tenancy agreement from the start of the tenancy. If giving you the amount of notice you are entitled to means that you have until 31 July 2026 or later to leave the property your landlord will not be able to issue section 21 possession proceedings with the court if you do not leave the property.
- started court proceedings in time
Your landlord can only apply to court for a possession order using a section 21 notice up to and including whichever date comes first:
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31 July 2026
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the date that is 6 months beginning with the date they gave you the notice.
If you agreed to a periodic or rolling tenancy with your landlord, they may have longer than 6 months from the date that they gave you the notice to apply to the court for a possession order. However, your landlord can only apply using a section 21 notice up to and including whichever date comes first, 31 July 2026 or the date that the section 21 notice expires. You can seek advice from Citizens Advice or Shelter if you think this applies to you.
- given you the notice more than 4 months after you moved in
If your tenancy started on or after 1 January 2026 your landlord will not be able to give you a section 21 notice.
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used form 6A when giving notice Your section 21 notice will only be valid if your landlord used form 6A or a document with the same information as the form.
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provided you with the right documents about your home and your rights and responsibilities as a renter
This includes:
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a valid gas safety certificate if there is a gas installation in the property
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an energy performance certificate
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the version of the How to rent guide which was most up to date when your contract started or was renewed
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not been served with an improvement notice or notice of emergency remedial action by the council in the last 6 months
If your landlord has received an improvement notice or a notice of emergency remedial action from the council in the last 6 months (including if they have received the notice following a complaint you made) they cannot use section 21 for 6 months beginning with the date on which the notice was served on them. Your council will tell you if your landlord has been sent an improvement notice or notice of emergency remedial action to make repairs. However, if you were given a section 21 notice before the council contacted your landlord about repairs, that notice still applies.
If your landlord received an improvement notice or notice of emergency remedial action from the council on or after 1 November 2025, they will not usually be able to give you a section 21 notice. An exception to this is if the improvement notice or notice of emergency remedial action is cancelled. For example, if they appeal before 1 May 2026.
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protected your deposit, where one was taken, in a government approved deposit protection scheme. Your landlord should have protected your deposit and given you the required details within 30 days. This includes information about:
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where your deposit is held
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how to resolve a dispute
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how to get your deposit back when you leave
If your landlord has not protected your deposit or provided the required details, they must return the deposit in full before they can serve you with a section 21 notice.
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obtained or applied for a license if the property needed one. You can check with your local council if the property needs a licence. This does not apply if your landlord has applied for a temporary exemption.
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returned the fees that they were not allowed to charge you. The law says that your landlord is only allowed to take certain payments. These are explained in the Tenant Fees Act 2019 guidance for tenants. If you paid a payment to your landlord that they should not have charged, they cannot serve you with a valid section 21 notice until the money is repaid.
Leaving the property before the section 8 or section 21 notice expires
Leaving before your notice expires may be the best option. It can help you avoid legal proceedings and having to pay your landlord’s costs if the court rules in their favour. You should discuss your circumstances with your landlord, who may agree to write off any arrears if you move out as this will save them court costs.
Before moving out, you should get legal advice so that you are clear about the legal position. Refer to annex A: further advice and support for information about where you can get help and support.
You should also:
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contact your local council for advice about your housing options, especially if you are struggling to find somewhere to live
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tell your landlord when you are leaving or that you have left
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return the keys
Stage 2: If you stay in your home after the notice expires
If you stay in your home after the notice period has expired, your landlord can apply to the court for a possession order. This is called making a possession claim. If they do this the court will send you:
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copies of the landlord’s claim documents
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a defence form for you to complete
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if your landlord uses the standard possession procedure, information about the address of the court where the case will be heard and the date of the court hearing. You can find the contact details for the court at which your hearing is being held.
Standard possession procedure
The landlord may use the standard possession procedure, in which a court hearing will take place. If this is the case, you will receive information about the address of the court where the case will be heard and date of the court hearing.
The court will also send you details about how to get free advice on your circumstances.
Court hearings for possessions are usually held in the county court nearest your home. You should let the court know as soon as possible if you have any special requirements or need reasonable adjustments. For example, if you need extra assistance to access the building or take part in the hearing.
You or your landlord can write to the court asking for the hearing to take place remotely. Both parties must agree to a remote hearing, but a judge will decide how the hearing proceeds.
Section 21 only: Accelerated possession procedure
If your landlord used a section 21 notice they can apply to the court using the accelerated possession procedure which does not require a court hearing. Your landlord will not have to give the court a reason why they want you to leave the property.
You should file a defence if you believe your landlord is not entitled to possession of the property. For example, if you think the notice served was not valid.
You can also ask for a delay in possession due to extreme hardship. For example, if you have a serious illness or disability that makes it difficult to leave the property within 14 days.
For accelerated possession claims, there will only be a hearing if the judge believes the legal position needs clarification, or if you need extra time (up to 6 weeks) to move due to extreme hardship.
Section 8 and section 21: the defence form and counterclaims
The court will give you instructions on how to get advice about defending the possession claim.
The defence form lets you contest the landlord’s claim. For example, if your landlord has not followed the correct procedure. If your landlord used section 8, you could use the defence form to state why the reasons they have used for the eviction are invalid. This could include if your circumstances have changed since they gave you the notice, for example, if you have paid back any rent you owed.
If your landlord is using the accelerated process under section 21, the defence form is likely your only chance to contest the claim as hearings do not usually happen for the accelerated section 21 process.
You can explain on the form why you believe the landlord should not be able to take back possession of the property and make a counterclaim if this is relevant to your case.
You have 14 days to return the form.
If you have difficulty filling in the form, you can send the court a short statement explaining your circumstances and why the possession order should not be made.
If sending by email:
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you can only send one email, which should include the case reference number.
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it must be under 10 megabytes, including attachments
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the total document length should not exceed 25 pages when printed
Make sure you seek advice and submit your defence or a statement before the deadline to avoid additional court fees due to delays.
If your landlord used Possession Claims Online (section 8 claims for rent arrears)
If your landlord used the Possession Claims Online process, the court will provide you with a username and password so you can login and respond to your landlord’s claim.
Contact the Possession Claim Online help desk if you need help or advice.
Telephone: 0300 123 1056 - Monday to Friday 8:30am to 5pm Email: PCOLITassistance@justice.gov.uk
Counterclaims
A counterclaim is when you tell the court that the landlord has broken the law or not followed the rules. For example:
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if your tenancy deposit was not protected
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if repairs were not made to the property
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the landlord has discriminated against you
To make a counterclaim you should return the defence form to the court as soon as possible. You can send it by email or post. If you make a counterclaim you will need to pay a fee. The amount that you will have to pay depends on the details of the case.
Help filling out your defence form
You can get free help through the Housing Loss Prevention Advice Service (HLPAS). A legal adviser may be able to help you to complete your defence form. This may help to prevent the loss of your home.
Government funded legal advice is also available through Civil Legal Advice CLA if you are on a low income.
Alternatively, you can find a list of legal aid advisers using the Find a legal aid adviser service. You will need to enter your postcode and select the ‘Housing’ option.
You can also seek advice from Citizens Advice or Shelter.
Refer to annex A: Further advice and support for information about where you can get help and support.
Stage 3: What you need to do before the court hearing
You should follow the instructions provided in the papers sent to you by the court as there may be extra steps you need to take.
Before the hearing, you should receive all documents related to the case, including the landlord’s claim form. The landlord must submit these documents when making a claim. If you have not received them, inform the duty adviser or judge on the day of the hearing.
You and your landlord should try to reach a settlement before the hearing. For example, your landlord may agree to let you stay in your home if you repay any rent owed through a monthly plan.
A legal adviser may help you reach a settlement with your landlord before the court hearing. You can find a list of legal aid advisers using the Find a legal aid adviser service. You will need to enter your postcode and select the ‘Housing’ option.
Refer to annex A: Further advice and support for information about where you can get help and support.
Stage 4: Attending a hearing
Before attending court, it is important that you check what to expect when coming to a court or tribunal.
At a county court possession hearing, a judge decides whether the landlord should be granted possession of the property. It is important that you attend the court hearing if you can. The judge will hear from both you and your landlord.
If you are attending the hearing in person, you should bring your hearing letter with your case number. This will help you to find where you need to go in the building. You should bring any relevant paperwork to show the court, for example:
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details of your income
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the possession notice
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the paperwork and documents sent to you by the court
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any defence you sent to the court before the hearing
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details of any legal help or representation you’ve already had
You should also bring any evidence you have of why you think that the grounds, or reasons, the landlord has given for seeking possession are not valid, or of why you are making a counterclaim against your landlord.
Examples of evidence you should bring will be different depending on your circumstances.
They may include:
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a copy of your tenancy agreement
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bank statements showing money in your bank account
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a letter about a new job or an increase in the hours you work
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details of any pending benefits claims and documentation from DWP
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proof that you have paid the rent and do not owe the amount that your landlord says you do
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proof that the landlord did not serve you the correct notice or give the correct notice period
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photos or videos of the condition of the property
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letters or emails showing that the landlord has not taken your individual needs into account when communicating with you
You can find a legal adviser, such as a solicitor and bring them to represent you. You can also bring a friend or family member for support.
If you do not have a legal adviser at the court hearing, you may be able to get free legal advice and representation through the Housing Loss Prevention Advice Service (HLPAS).You should arrive at least 30 minutes before your hearing and speak to the court usher who will direct you to an adviser.
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. They will consider all the evidence which has been submitted. They will also consider what you, your landlord, and your representatives say at the hearing.
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 and give evidence to support your case. If you have a solicitor, barrister or legal adviser, 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 while you are in the hearing room.
The judge will decide based on the law and the evidence you and your landlord present. If the landlord has used the section 21 process and followed the correct legal steps, the judge may not be able to dismiss or delay the case. If your landlord has used a section 8 ground, the judge may not dismiss the case if the landlord proves the ground.
Outcomes of the court hearing
The judge could:
- make an outright possession order
This means you will have to vacate the property by a date the judge sets
- make a suspended possession order
This means you will have to vacate the property if you do not comply with certain conditions which the judge will set out.
- adjourn the hearing
The hearing will be delayed until later, as the judge feels a decision cannot be made on the day. The judge may give information on what you need to do next.
- dismiss the court case
If the case is dismissed, it means there’s no reason you should have to leave the property. You can stay in your home. This might happen if:
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your landlord has not followed the correct procedure
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your landlord has failed to provide sufficient evidence to support their claim
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your landlord or their representative does not attend the hearing
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the grounds for possession are not proven or are invalid. For example, you’ve proved that you paid the rent that you owed.
If the case is dismissed and you have incurred any legal costs, you can ask the judge to order the landlord to pay your costs if you have any. The judge will then decide if your landlord should pay any of your costs.
If your landlord still wants you to leave the property, they’ll have to restart the court process from the beginning. However, they will not be able to ask the court for an order of possession using a section 21 notice if giving you the notice to which you are entitled under section 21 would mean that you would have until 31 July 2026 or later to leave the property.
Types of possession order
If the judge makes a possession order, it will be an ‘outright’ order or a ‘suspended’ order.
Outright possession order
This means you must leave the property by the date in the order.
If you can prove that you would be in extreme hardship, the judge may agree to delay possession for up to 6 weeks. The judge will consider the evidence provided in your defence and at the court hearing when making their decision.
If a possession order is made and you do not leave your home by the date in the order, your landlord can ask the court to evict you by asking it to grant a warrant of possession. This means that a court bailiff will evict you.
Suspended orders for possession
This means if you obey the conditions set out in the order, for example, paying the rent you owe as agreed, you can stay in your home.
Suspended possession orders include a date on which you must leave the property. However, you can stay in your home as long as you keep to the conditions. If you breach the conditions set out in the order after the date for possession in the order, your landlord can ask the court for a warrant of possession to evict you.
Possession orders with a money judgment
A judge can add a money judgment to any of the possession orders, unless your landlord has used the accelerated process. This means you owe a specific amount of money, usually made up of:
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the amount of rent you owe
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court fees
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your landlord’s legal costs
If you have a suspended possession order, the money judgment will also be suspended on the same terms and will not be enforced if you pay the money you owe and the amount set out in the suspended possession order. If you do not pay, your landlord can apply to the court to ask county court bailiffs to evict you and recover the money owed in a separate court process.
Money order
If only a money order is made, you must pay an amount decided by the court, but you do not have to leave the property. Your landlord can apply to court to recover the money owed if you do not pay.
After the court has made a money order your landlord may be able to ask the court to:
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make an order to deduct money from your wages or bank account
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send bailiffs to recover the debt, which could include taking away your belongings to cover the amount owed
If your landlord wants to evict you and only a money order was made, they will need to reapply to court for a possession order. However, they will not be able to ask the court for an order of possession using a section 21 notice if giving you the notice to which you are entitled under section 21 would mean that you would have until 31 July 2026 or later to leave the property.
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 apply using Form N244 and either send or deliver it to the county court dealing with your case.
You’ll have to pay a court fee of £313 if you want the court to tell your landlord that you are asking to change your payments, unless you qualify for help with court fees. If your landlord is already in agreement that your payments can be changed the fee to make an application by consent is £123.
Appealing the judge’s decision
You can only appeal the judge’s decision if you have proper legal grounds. For example:
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you can show that the decision was wrong because of a serious legal mistake
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the procedure was not followed properly
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your landlord did not provide you with the correct documents at the start of your tenancy
You will have to apply for an appeal hearing soon afterwards as you normally only have up to 21 days to appeal. You will need to use Form N161. You’ll have to pay a court fee of up to £171, unless you qualify for help. You will need to state your grounds of appeal.
You will need permission to appeal. If the judge refused permission to appeal at the hearing, or if you did not ask for permission at the hearing, you’ll need to request permission as part of your application. This is also done using Form N161.
If you are on a low income, you can have an initial discussion with an adviser to find out about the government funded support available to you by contacting Civil Legal Advice (CLA).
Alternatively, you can find a list of legal aid advisers. Enter your postcode and select the ‘Housing’ option.
Refer to annex A: Further advice and support for information about where you can get help and support.
Asking the court to set aside the possession order
You can apply to have the possession order cancelled (set aside) if you had good reason which prevented you from attending the hearing. For example, because you were away from home or unwell and you would have had a good chance of defending the landlord’s claim if you had been able to attend.
You can apply by filling out Form N244. You’ll have to pay a court fee of £313 if you want the court to tell your landlord that you are asking the court to set aside the order, unless you qualify for help. If your landlord is already in agreement that the possession order should be set aside the fee to make an application by consent is £123.
You will need to apply to have the order cancelled (set aside) as soon as you know that the court has made a possession order.
You should explain to the court why you do not think that they should have made a possession order.
The court will normally set a date for a hearing and provide you with at least three days’ notice.
Stage 5: Warrants and bailiffs
If your landlord has been granted a possession order by the court, seek advice as soon as you can. You should not wait until you are about to be evicted by bailiffs before seeking advice. If you ask for help early, you are more likely to be able to stay in your home.
The landlord can apply for a warrant or writ for possession if you:
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stay in the property after the date specified in an outright possession order
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have breached the conditions of a suspended possession order
Warrants and writs of possession are documents which allow a bailiff or High Court Enforcement Officer to:
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enter your home
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evict you from the property
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 of the eviction date.
If you do not leave, you will be evicted at the date and time shown on the eviction notice. Some of the costs of evicting you may be added to any money you owe.
County Court bailiffs and High Court Enforcement Officers must not use violence or offensive language when evicting you nor must they damage your belongings. They cannot keep your belongings to pay for court costs or for rent arrears, unless the court makes a separate order that says they can do this.
If you leave belongings behind
Whenever possible, you should take your belongings with you when you leave the property. You should not leave any pets behind.
If you do leave any personal belongings behind, your landlord will be responsible for making sure that they are kept safe for a reasonable amount of time. You may be charged additional costs. For example, the costs of storing your belongings.
You may be able to claim money from your landlord if they dispose of your belongings without your permission.
Applying to suspend the warrant or writ
In certain circumstances you can apply to suspend the warrant or writ before the date of the eviction. If successful, this will mean that the eviction is delayed or will not proceed. A judge will not automatically agree to suspend the warrant.
You can apply to suspend a warrant of possession or a High Court Writ of possession by filling in Form N244. This will cost £15, unless you qualify for help.
However, you should get advice on whether an application to suspend the warrant is likely to succeed and is the best option to resolve your case. You can have an initial discussion with an adviser to find out about the legal support available to you by contacting Civil Legal Advice (CLA). CLA may be able to put you in touch with a solicitor, local law centre or advice agency to help.
Alternatively, you can contact a housing expert directly for help with your case. You can find a list of housing solicitors. You will need to enter your postcode and select the ‘Housing’ option.
You could also contact the housing charity Shelter or Citizens Advice.
Reasons why a warrant or writ could be suspended
The circumstances in which a warrant or writ may be suspended include if:
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you received an invalid section 21 notice but there was no court hearing
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your landlord has used a discretionary ground for seeking possession and suspending the bailiff’s warrant is reasonable
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your landlord agrees to let you stay
What happens next
There will be a new hearing. If you do not have a legal adviser at the court hearing, you can get free legal advice and representation through the Housing Loss Prevention Advice Service (HLPAS). For more information about these services and other places you can go to access support, see annex A: further advice and support.
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 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.
Annex A: further advice and support
The Housing Loss Prevention Advice Service
The Housing Loss Prevention Advice Service (HLPAS) can provide free legal advice and representation as soon as your landlord or letting agent gives you a written notice that they intend to evict you.
A legal adviser funded by the government will work with you to find out why your landlord is looking to evict you. They will recommend potential solutions.
For example, they may be able to provide legal advice on:
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illegal eviction
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housing disrepair
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rent arrears
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welfare benefits
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payments and debt
Civil Legal Advice
You can have an initial discussion with an adviser to find out about the government funded support available to you by contacting Civil Legal Advice (CLA). CLA may be able to put you in touch with a solicitor, local law centre or advice agency that can help you.
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phone: 0345 345 4345 - Monday to Friday, from 9am to 8pm and Saturday from 9am to 12:30pm
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text: ‘legalaid’ and your name to 80010 to ask CLA to call you back. It costs the same as a normal text message
Find a legal aid adviser
You can find a list of legal aid advisers using the Find a legal aid adviser service. Enter your postcode and select the ‘Housing’ option.
Contact your local council
You can ask your local council for help as soon as you get a notice seeking possession. They may help you to stay in your home, including negotiating with your landlord, or help you to find alternative accommodation.
If there is a risk you will become homeless, you should contact your local council homelessness prevention team for advice and assistance before agreeing to leave the property.
Other places you can go to seek help
You can also seek advice from Citizens Advice or Shelter if you were served with a section 8 or section 21 notice.
If you are not eligible for legal aid, you can pay for a solicitor to give you advice. You can find a solicitor at: Find a Solicitor - The Law Society
Money Helper can provide free and impartial help with money.
Annex B: minimum notice periods under section 8 of the Housing Act 1988 in England
These grounds (reasons for the eviction) and the notice periods are only relevant if your landlord issued you a notice before 1 May 2026. The grounds and notice periods for notices served after 1 May 2026 have changed and are listed in the grounds for possession page.
If your landlord is using multiple grounds for possession, the longest notice period will generally apply. For example, if they were to use Ground 6 and Ground 8, they would need to provide at least 2 months’ notice.
There is an exception for the antisocial behaviour grounds 7a and 14. If either of these grounds are used, the notice period for the antisocial behaviour ground would apply. If both grounds 7a and 14 are used, the notice period provided under ground 7a will apply.
| Ground | Notice period |
|---|---|
| Mandatory (judge must award possession if ground met) | |
| 1: Landlord needs 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 months |
| 7: Death of tenant | 2 months |
| 7a: Serious antisocial 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 |