Being evicted : Court action
- Most contract holders 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 help from Shelter Cymru if you are being evicted.
I am being evicted: do I have to go to court?
For most contract holders, 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. There is usually a time limit for your landlord to apply to court.
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 contract you have. Check these pages to see what should happen in the type of contract that you have:
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.