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Being evicted : Court action

Most tenants can only be evicted if their landlord starts court action and gets a possession order.

If you are being evicted, find out here what happens before, during and after any court hearing.

Always get urgent advice from Shelter Cymru if you are being evicted.

CORONAVIRUS UPDATE

If you have received possession papers or a notice of eviction from the county court use our step-by-step guide below to find out what will happen next:

Step-by-step guide to possession proceedings during Covid19

Some new stages in the possession process were introduced during the coronavirus pandemic. These included:

Reactivation Notices: if your landlord started court proceedings before 3 August 2020 the case was probably put on hold for a time. If your landlord wanted to re-start the case they had to send a Reactivation Notice to you and the court, giving information about the impact coronavirus had on you and your family. After the 1 December 2021 there will no longer be a need for a Reactivation Notice.

Review Date: up until 1 November 2021 the court had to set a Review Date 4 weeks before a possession hearing, so that the judge could review the papers and see if an agreement could be reached before a court hearing took place. Review Dates are no longer required but some courts might decide to continue with them. If you receive notice of a Review Date speak to an adviser as soon as you can. You might be able to get legal help on the day.

Bailiff eviction: bailiffs in Wales were banned from carrying out evictions during the pandemic. This ban ended on the 30 June 2021. From that date bailiffs have been able to carry out evictions regardless of the reason for eviction.

Always get advice if possession proceedings have started against you. It might not be too late to stop or delay any eviction.

I am being evicted : do I have to go to court?

For most tenants, if you have not moved out of your home after any notice has ended, your landlord can apply to court for a possession order to legally evict you.

In most cases, the court will set a court hearing and will write to you to tell you the date of any court hearing. It is important that you go to the court hearing. You have more chance of keeping your home if you attend.

Important: If you are being evicted, don’t assume that your landlord has to get a possession order or that there will automatically be a court hearing. The procedure your landlord has to follow depends on the type of tenancy you have. Check these pages to see what should happen in the most common types of tenancy:

What is a ‘possession order’?

A ‘possession order’ ends your legal right to live in the property.

At the court hearing, the judge can decide whether to :

  • make an outright possession order
  • make a postponed or suspended possession order
  • adjourn the case
  • dismiss the case
  • make a money judgment.

See the page below for more information about each of these types of order.

If your landlord applies for a possession order it is a civil matter and will be dealt with by the county court. Being taken to the county court is not the same as going to a criminal court.

Court duty advisers

Many courts have a duty adviser or solicitor who may be able to give you last-minute advice at court on the day of the hearing. This is called the court duty scheme. You can find out more about the scheme and how to access it here.

We are sorry that we cannot provide this information in Welsh, however if you would like to speak to an adviser in Welsh please contact 08000 495 495.

Phone an adviser

If you have a housing problem, call our expert housing advice helpline

Email an adviser

If you have a non-urgent problem and would like to speak to an adviser
email us

Letters from the court

If your landlord has applied to the court for a possession order, the court will send you a letter to tell you what happens next.

What happens in court?

Find out what to expect if you go to court for a possession hearing.

What orders can the court make?

There are a number of orders the court can make at a possession hearing. Find out more here.

Changing the possession order

If a possession order is made you might be able to apply to have the order cancelled, the terms of the order changed, or the date in the possession order delayed.

Eviction by the bailiff

If you haven’t left by the date the court says in the possession order, or you do not keep to the terms of the order, your landlord can arrange for a bailiff to evict you.

After eviction

This section looks at the limited action that can be taken after the bailiffs have carried out an eviction.

Did you find this helpful?

This page was last updated on: Tachwedd 24, 2021

Shelter Cymru acknowledges the support of Shelter in allowing us to adapt their content. The information contained on this site is updated and maintained by Shelter Cymru and only gives general guidance on the law in Wales. It should not be regarded or relied upon as a complete or authoritative statement of the law.

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