Evicting tenants in England
Possession hearings and orders
When you apply to the court for a possession order, there will usually be a possession hearing.
If you apply for an accelerated possession order, the judge will usually make a decision without needing a hearing.
You must follow the correct process for evicting your tenant. The case could be dismissed if you do not.
Before the hearing
The court will:
- send your tenant a copy of your application and any other documents
- send you a notice of issue with your claim number - keep this safe for future correspondence
- set a date for the possession hearing
You should bring copies of the relevant paperwork to the possession hearing.
If your tenant disagrees with anything in your possession claim forms, they can send the court a defence form. The court will send you a copy of their defence form and you may want to get legal advice.
You can check what to expect when coming to a court or tribunal.
During the hearing
The judge could:
- make a ‘possession order’ - the judge will make a legal decision on whether your tenant should leave the property or stay subject to conditions
- make a ‘money order’ - the judge will make a legal decision on what your tenant will need to pay you, but they will not have to leave the property
- adjourn the hearing - it will be moved to a later date (this happens if a judge believes a decision cannot be made on the day)
- dismiss the court case - no possession order or money order will be made and the hearing is finished
The judge will dismiss the case if there’s no reason your tenant should be evicted. This might also happen if:
- you have not followed the correct procedure
- you or your representative do not attend the hearing
- your tenant has paid any rent that was owed
Your tenant can stay in your property if the judge dismisses the case. The judge may also order you to pay your tenant reasonable costs.
If you still want to evict your tenant after the case has been dismissed, you’ll have to restart the court process from the beginning.
Types of possession order
The judge can make different kinds of orders.
Order for possession (or ‘outright possession order’)
This means your tenant must leave your property before the date given in the order.
The date your tenant must leave the property will depend on the reason why the court has made the order for possession.
The judge will choose the date based on the reason for the order for possession. The judge will also consider your tenant’s circumstances.
You can ask the court for a ‘warrant for possession’ if your tenant does not leave your property by the date given. If the court gives a warrant, your tenant will be sent an eviction notice with a date when they must leave your property.
Suspended order for possession
This means your tenant can stay in your property if they:
- make the payments stated in the order
- obey any other conditions stated in the order
If your tenant does not make the payments or obey the other conditions, you can ask the court for a warrant for possession.
Money order
This means your tenant must pay you a specified amount of money, usually made up of:
- their rent arrears
- court fees
- your legal costs
A judge can also add a money order to any of the possession orders.
You can ask the court to take action if your tenant does not make the payments, including:
- deducting money from your tenant’s wages or bank accounts
- sending bailiffs to take away things they own
If only a money order is made, you can go to court again and ask for a possession order if your tenant gets into rent arrears.
The court may order you to pay compensation to your tenant if you applied for possession because it is not possible to comply with the law unless your tenant leaves. For example:
- there’s a ‘prohibition order’ because of serious health and safety risks
- there’s a ‘planning enforcement notice’ because you built or changed something without planning permission
- 5 or more people from more than one household live in your property and you do not have a Houses in Multiple Occupation (HMO) licence
Appealing against the decision
You can only appeal if you can show the judge made mistakes in the original possession hearing.
At the end of the hearing, you’ll need to ask the judge for the reasons for their decision and for permission to appeal to a higher court.
You have 21 days from the date the judge made their decision to file an appeal document at court (known as a ‘notice of appeal’).
You will need to apply to the higher court for permission if either:
- the judge does not give you permission to appeal
- you did not ask for permission to appeal at your hearing
You will have to pay a £404 court fee, unless you qualify for financial help.
You’ll need to get legal advice.