You might be able to challenge the claim for possession and stay longer in your home. However, you should think carefully before doing this because you may have to pay court costs if your landlord issues court proceedings. It is important to get legal advice about this. Your landlord may suggest using a third-party dispute resolution or mediation service. You should engage with this process to avoid formal possession proceedings in the courts.

Possession Process

The following is the procedure.

Step 1: Notice requiring/seeking possession

Your landlord will give you a notice requiring possession (under section 21), or a notice seeking possession (under section 8). The notice will specify a date by which you are being asked to leave your home and after which possession proceedings may be started in the county court.

Step 2: After the expiry of notice

If you do not leave by the date in the notice, your landlord can issue a claim for possession in the county court. Your landlord will have to provide the court with a notice informing the court, to the best of your landlord’s knowledge.  You will be sent a copy of the landlord’s claim documents.  You can file a defence against a notice given under section 8 and you can challenge the validity of the notice whichever process has been used.

Step 3: The review date

You will be notified by the court of the date of any review, which is when the judge will look at the papers in your case.  Your landlord will be available on the day to discuss the case should this be needed. You and your landlord should attempt to reach a settlement without the case progressing to a substantive court hearing.

Step 4: The possession hearing

If a settlement cannot be agreed, there will be a full possession hearing, at which a judge will decide whether to make a possession order.

If you are an assured shorthold tenant and your landlord is using the section 21 possession process, the court may make a decision without a review appointment or a hearing taking place, as it may be clear, on the papers submitted, that your landlord is entitled to a possession order.

Step 5: Warrant for possession and bailiffs

If a Possession Order was granted at the hearing and you do not leave your home by the date specified in the order, your landlord can apply for a Warrant of Possession, which enables a county court bailiff to evict you. You will receive 14 days’ notice of the eviction. In some circumstances, you can apply to suspend the Warrant. However, if you do not make an application or if the court does not agree to suspend the warrant, a county court bailiff will enforce the warrant and evict you from your home.

If your landlord has an outstanding Warrant of Possession

When evictions are able to be enforced, you will receive a ‘notice of eviction’ form (form N54), which states that a Warrant has been issued giving bailiffs the authority to evict you. When you receive this, we can make an application to suspend the Warrant, which (if successful) will result in the eviction being postponed or in the Warrant being set aside, allowing you to remain in your home. The court fee for making an application to suspend is £14. You should contact us on 0121 558 7691 or fill in our online enquiry form when you receive the notice if you wish us to make an application to suspend the Warrant.