Coronavirus (COVID-19)

Many people are worried about Coronavirus (COVID-19) and how this could affect their housing. Click here to find out what COVID-19 means for you.

Court orders

Most council tenants cannot be evicted unless the council obtains a possession order from the court.

CORONAVIRUS UPDATE

All court proceedings for eviction were on hold until the 20 September 2020.

This eviction ban has now ended. From 21 September 2020, the courts have been able to start to deal with evictions again.

Depending on what steps had been taken before the eviction ban, the legal process could still take several months.

If your landlord had started court proceedings to evict you before 3 August 2020 and wants to continue the proceedings they will need to send a notice to you and to the court. This is called a ‘Reactivation Notice’. In the notice they must give information to the court about the impact coronavirus has had on you and your family.

You will be contacted by the court if this happens and you will be told if there is to be a court hearing. The hearing might be dealt with by video or audio link.

You should still pay your rent while you are waiting for a court hearing. Make sure you tell your landlord or lender about the affect that coronavirus has had on you and your family. Do this in an email or text and keep a copy so that you can show this to the court if asked.

If you are struggling to pay your rent, see our advice.

What do I do if I receive court papers?

If you receive papers from the court telling you that the council have applied for a possession order, it is important that you get advice straight away.

The sooner you get advice, the more likely you are to keep your home.

If you have no adviser, some courts have a duty adviser or solicitors available on the day of the hearing who may be able to help you.  Always try to attend court yourself.

For more information about what to expect during the court process, click here.

What orders can the court make?

If you have a secure council tenancy it is likely that the court will make one of the following orders:

  • dismiss the claim
  • adjourn (postpone) the hearing (this might be on a condition, for example, that you regularly pay your rent and something towards the arrears)
  • make a suspended possession order
  • make an outright possession order
  • make a money judgment.

For more information on each of these orders, see our page on What orders can be made?

If you have an introductory or demoted tenancy, the court will not have so much choice about what order to make. It is important that you seek advice.

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
08000 495 495

Email an adviser

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

This page was last updated on: September 22, 2020

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.

Font Resize