Dealing with court action against you
This section explains what happens if you are renting your home and your landlord applies for a court order to evict you.
Caution: Don’t assume that your landlord has to get a court order.
The procedure your landlord has to follow depends on the type of tenancy you have. If you’re not sure whether you’re entitled to a court order, see advice near you to find an adviser in your area.
Most landlords need to get a possession order from the court before a tenant can be evicted. There are several different types of court orders. The type of court order that can be made depends on your particular circumstances and the type of tenancy you have.
Remember: not all tenants are entitled to a court order. If you are facing eviction and you’re not sure of your rights contact a local advice centre. It may not be too late, even if the bailiffs are on the way, but the sooner you get help, the better.
What is a ‘possession order’?
Your landlord has to get permission from the court before he or she can evict you. This is called ‘applying for possession’. If the court gives your landlord a possession order this ends your legal right to stop them from entering your home. It also gives them the right to be in the property and ends your right to live there.
‘Possession’ is a legal term that means the right to enter accommodation and prevent other people from entering it. Even if your landlord owns the property you have the right to prevent them from entering without your permission while you are the tenant. At the hearing, the judge usually decides whether a possession order should be made and if so what type. It is possible for the judge to:
- make an outright possession order
- make a postponed or suspended possession order
- adjourn the case
- dismiss the case
- make a money judgment.
See 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. There is no risk that you will be sent to prison if you don’t move out of your home before your landlord goes to court.
What is an ‘outright possession order’?
If an outright possession order is given you have to leave the accommodation by the date given in the order. If you have an Assured Shorthold Tenancy the date is usually 14 days after the date of the court hearing. However, if you are in an exceptionally difficult situation (such as if you are ill or have very young children) you may be able to convince the judge to delay this for up to six weeks. If you want to do this you should tell the judge about it at the hearing.
If you have a secure tenancy with the council or an assured tenancy with a housing association, the possession date is usually 28 days after the date of the hearing.
If you have not left once the date given in the possession order has passed your landlord can only evict you by applying to the court for bailiffs to remove you from the property and change the locks. It usually takes two to four weeks before the bailiffs do this, but you may only get a few days’ notice.
What is a ‘suspended possession order’?
The court may decide that your landlord has a good reason to want to evict you but that it would not be fair to do so. In this situation the judge may decide to give your landlord a suspended possession order. This means that you can stay in your home as long as you keep to certain conditions. These conditions will be explained on the court order. For example you may be ordered to pay off rent you owe at a certain amount each week or not to cause further disturbance to your neighbours.
If you don’t stick to all of the conditions of the order your landlord can apply to the court for the bailiffs to evict you. This could happen very quickly and without advance warning.
What does ‘adjourning the case’ mean?
The judge may decide that the case cannot be decided yet and that the hearing should be delayed. This is called ‘adjourning the case’. It can be done either indefinitely or for a fixed period of time. This might happen if:
- your landlord says you have a certain type of tenancy but you disagree
- the judge gives you more time to sort out a housing benefit claim
- the judge needs more evidence before making a decision,
- and tells you and your landlord what you have to do to prepare for the next hearing.
If the case is adjourned you may be given a date for another court hearing. Alternatively your landlord may be told to reapply to the court after a fixed period of time or if the circumstances of the case change. In the meantime you have the right to remain in your home. If you are behind with the rent you may have to pay a certain amount each week as a condition of the case being adjourned.
What does ‘dismissing the case’ mean?
The judge may decide that your case should be dismissed because there is no reason why you should be evicted. This might happen if:
- your landlord does not have the right to apply for possession
- your landlord has not followed the correct procedure for bringing the case to court.
If the case is dismissed you have the right to remain in your home with the same conditions as before.
What is a money judgment?
A money judgment is an order that says that you have to pay the rent arrears, regardless of whether you are evicted. This will affect your credit rating, which could make it difficult to find a new home.
Can I change the order?
You might be able to apply to the court to have the possession order cancelled. This is only likely to be possible if it should not have been granted in the first place. This might be because:
- you did not receive the court papers
- you did not know you had the right to defend your case
- you did not attend the hearing
- you did not reply to the court in time, and you had a good reason for this
- if you had been able to reply in time the court would have made a different order or no order at all, or
- in all the circumstances, the court thinks that it is fair and just for the order to be cancelled.
You may be able to change the condition(s) attached to a suspended possession order. This might be possible if your circumstances change, for example if you are unable to keep up with payments because you have lost your job. It will be easier to do this if your landlord agrees with the change to the conditions.
If the court has already made an outright possession order, you may be able to ask the court to change it to a suspended possession order. This might be possible if your circumstances have improved since the outright order was made.
To cancel, suspend or change an order, you will need to apply to the court by filling in a specific form. You may also have to pay a fee (although people claiming benefits or who have a low income may not have to pay this).
Will I have to pay court costs?
If a possession order is made or if you leave the property after your landlord starts the court case but before the order is made, you may be ordered to pay your landlord’s legal costs. Contact an adviser if you are in this situation.
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 0345 075 5005.
If your landlord is trying to evict you, it’s always helpful to speak to an adviser