If you haven’t left by the time any notice expires, your housing association will usually have to apply for an order from the county court telling you to leave. This is known as a possession order.
What do I do if I receive court papers?
If you receive papers from the court telling you that the housing association has 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.
Sometimes housing associations are able to get a possession order automatically, but other times they need to prove a reason (also known as a ‘ground‘) to the court.
Unless you are an assured shorthold tenant and your landlord is relying on a ‘section 21 – no fault’ notice, there will automatically be a court hearing.
Always try and go to the court hearing. 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.
For more information about what to expect during the court process, click here.
What orders can the court make?
If you have an assured tenancy it is likely that the judge 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 assured shorthold (starter) tenancy 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.