Accelerated possession

Landlords can sometimes evict tenants using ‘accelerated possession’. This is quicker than a normal eviction and does not usually need a court hearing. Your landlord can usually only do this if they gave you a valid section 21 notice before 1 May 2026. They can apply for accelerated possession by 31st July or the expiry date of the notice, whichever date comes first. You can only stop accelerated possession if you can prove your landlord has not followed the rules. You can get free legal advice through the Housing Loss Prevention Advice Service . How it works If your landlord applies for accelerated possession, the court will send you: a copy of your landlord’s application a ‘defence form’ Fill in the defence form to challenge the application or write a statement outlining your circumstances. You can get help filling in the defence form from the Housing Loss Prevention Advice Service . You must complete and return the defence form or statement to the court within 14 days of receiving it. If your landlord applied for possession before 3 August 2020 If your landlord wants to continue with their claim for possession they must make another application to the court. You will get a copy of your landlord’s application and instructions from the court on how to challenge the application. The judge’s decision A judge will decide whether to: issue a possession order, giving your landlord the right to evict you and take possession of the property (this is normally the case) have a court hearing (this usually only happens if the paperwork is not in order or you’ve raised an important issue) Even if there’s a hearing, the court can still decide to issue a possession order. If the judge issues a possession order If the judge makes a possession order, you’ll normally have 14 or 28 days to leave the property. If this will cause you exceptional hardship, the judge may give you up to 42 days to leave. If you do not leave at this point, your landlord can use bailiffs to evict you.

Eviction court hearings

If your landlord goes to court to evict you, there will be a ‘possession hearing’. Your landlord must give you the proper notice before going to court to evict you. The rules are different if your landlord asked you to leave before 1 May 2026 . Before the hearing You’ll know your landlord is taking you to court to evict you because you’ll be sent court papers, including: copies of ‘claim for possession’ forms a defence form a date for your court hearing The defence form is your chance to say why you owe rent or if you disagree with anything your landlord put on the ‘claim for possession’ forms. The judge will use the form to understand why you think you should remain in your home. You need to return the form to the court within 14 days. You may have to pay extra court fees if you do not provide information in the defence form and this results in a delay to your court case. If you do not attend your court hearing, it’s very likely the judge will decide you’ll lose your home. If your landlord completed a claim for possession form online You may be able to fill in the defence form online. The court will contact you to tell you if you can. They’ll also tell you how to access the service. If you need help before the hearing If your landlord gives written notice that they need you to leave your home, you can get free legal advice from the Housing Loss Prevention Advice Service . They can help you fill out the defence form. During the hearing If you have not received advice before, you can get free legal advice and representation in court on the day of the hearing. This is under the Housing Loss Prevention Advice Service. For more information, contact the court where your case is being heard or the Housing Loss Prevention Advice Service . If the service is not available in your area, check with the court whether there are other advice services. You can also check if you can get legal aid . The charity Shelter has information on what happens at a possession hearing . The judge’s decision The judge could: make a ‘possession order’ - the judge will make a legal decision on when you may be required to leave the property make a ‘money order’ - the judge will make a legal decision on what you’ll need to pay the landlord adjourn the hearing - the hearing will be delayed until later, as the judge feels a decision cannot be made that day dismiss the court case - no possession order or money order will be made and the hearing is finished The judge will dismiss the case if there is no reason you should be evicted. This might happen if: your landlord has not followed the correct procedure your landlord has not provided enough evidence to support their claim your landlord or their representative does not attend the hearing you’ve paid any rent arrears If the judge dismisses the case You can stay in your home. The judge may make an order awarding you reasonable costs. If the landlord still wants to evict you after the case has been dismissed, they’ll have to restart the court process from the beginning. Types of possession order There are several different kinds of orders a judge can make. Order for possession (or ‘outright possession order’) This means you must leave the property before the date given in the order. The date you must leave the property will depend on the reason why the court has made the order for possession. The judge will choose the date based on the reason for the order for possession. The judge will also consider your circumstances. If you show proof to the judge that you’re in an exceptionally difficult situation, you may be able to delay the date you have to leave by up to 6 weeks. If you do not leave your home by the date given, your landlord can ask the court to evict you by applying for a ‘warrant for possession’ . If the court gives a warrant, you will be sent an eviction notice that gives a date when you must leave your home. Suspended order for possession This means that you can stay in your home if you: make the payments stated in the order obey any other conditions stated in the order If you do not make the payments or obey the other conditions, your landlord can ask the court to evict you. Money order This means you have to pay the landlord the amount set out in the order. If you do not make the payments, action could be taken by the courts to recover the money, including: deducting money from your wages or bank account sending bailiffs to take away things you own If you get into rent arrears after a money order has been made, your landlord can go to court again and ask for a possession order. Possession orders with a money judgment A judge can add a money judgment to any of the possession orders. This means you owe a specific amount of money, usually made up of: your rent arrears court fees your landlord’s legal costs The money judgment will not apply if you pay your arrears and the amount set out in a suspended possession order. However, the money judgment will apply if you do not pay the amount set out in the suspended possession order that’s linked to the judgment. If you do not pay, the landlord may ask the court to carry out the instructions in the order and the judgment. If you want to appeal against a possession order or a money order You can only appeal if you can show the judge made mistakes in the original possession hearing. You’ll need to ask the judge for permission to appeal at the end of the original hearing. You’ll also need to ask for the reasons for their decision. You have 21 days from the date the judge made the possession order to file an appeal document at court (known as a ‘notice of appeal’). If the judge did not give you permission at the end of the hearing, you’ll need to ask for permission as part of your notice of appeal. You’ll have to pay a £171 court fee , unless you qualify for financial help . You’ll need to get legal advice about how to appeal. You may be able to get legal aid if you’re on benefits or a low income.

If you do not leave your home by the date given in a possession order , your landlord can apply to the court for a ‘warrant of possession’. If the court gives a warrant, you’ll be sent an eviction notice that gives a date when you must leave your home. Bailiffs can evict you after this date. The costs of evicting you will be added to the money you owe. Delaying eviction You can apply to suspend a warrant of possession. After you’ve applied, you can ask a judge to suspend the warrant at a new hearing. This means they’ll delay the eviction or let you stay in your home if you can make payments again. The hearing will need to take place before the eviction date the court gave you. The judge will not automatically agree to suspend the warrant. A warrant can usually only be suspended if the order was made using certain reasons called ‘discretionary grounds’. You’ll need to get legal advice . You may be eligible for legal aid if you’re on benefits or have a low income. Check if you can get legal aid . Applying to suspend a warrant To apply for a suspension of a warrant, you must fill out an application notice and post, email or deliver it to the county court dealing with your case. You must tell the court you need a hearing at short notice (before your eviction date). You’ll have to pay a court fee of £15, unless you qualify for help . Pay the county court: by phone with a debit or credit card by post with a cheque or postal order made out to ‘HM Courts and Tribunals Service’ in person with cash or a debit or credit card - ask the court if you can pay in person You can find the address and phone number for the county court online . Asking the court to change your payments If your circumstances change, you can ask a judge at a new hearing to change what you pay. To do this, you must fill out an application notice and post, email or deliver it to the county court dealing with your case. You’ll have to pay a court fee of £123, unless you qualify for help . Pay the county court: by phone with a debit or credit card by post with a cheque made out to ‘HM Courts and Tribunals Service’ in person with cash or a debit or credit card - ask the court if you can pay in person Contact your local council If you’re worried about becoming homeless, contact your local council for homelessness help and advice.

Harassment and illegal evictions

It is a crime for your landlord to harass you or try to remove you from a property without following the correct process. If your landlord does not follow the rules you may have the right to: be let back into your home claim compensation apply for a rent repayment order Local councils can prosecute landlords or give a fine of up to £40,000 if they harass or illegally evict someone. Contact the police if physical violence or threats are involved or if someone is trying to remove you or your belongings from the property without either a: court order court appointed bailiff Illegal eviction is a criminal offence. The police can prevent you from being illegally evicted from your home. It can be harassment if your landlord does something (or does not do something), that they would reasonably believe may: make you feel unsafe in your home force you to leave your home For example, it could be harassment if your landlord does not give you enough keys for the property. Harassment Harassment can include: stopping services, like electricity withholding keys, for example there are 2 tenants in a property, but the landlord will only give 1 key refusing to carry out repairs that are the landlord’s responsibilities antisocial behaviour by someone on the landlord’s behalf, for example a friend of the landlord moves in next door and causes problems threats and physical violence threatening to change the locks opening or taking post stopping access to temperature control Illegal eviction and tenants’ rights Your landlord must follow the correct procedure if they want to evict you. Your landlord may be guilty of illegal eviction if you: are not given the notice to leave the property that your landlord must give you find the locks have been changed are evicted without a court order Even if your landlord’s property is repossessed by their mortgage lender, the lender must give you notice so you can find other accommodation. Citizens Advice has information on repossession by your landlord’s mortgage lender . What you can do Contact the police if physical violence or threats are involved or if someone is trying to remove you or your belongings from the property without either a: court order court appointed bailiff The police can prevent you from being illegally evicted from your home. Talk to your local council if: you think you’re being harassed or threatened with illegal eviction the property you rent is being repossessed you think you’ve been illegally evicted It may have someone specialising in tenant harassment issues. Local councils can take legal action if they think there is enough evidence of harassment or illegal eviction. You may have the right to be let back into your home, claim compensation , or apply for a rent repayment order . You could also contact: a legal adviser Citizens Advice Shelter’s housing advice helpline Your local area may also have other housing or legal advice organisations - your local council, phonebook or library should have details.

Private renting for tenants: evictions in England

Rules your landlord must follow

Your landlord must follow strict procedures if they need you to leave their property. This depends on the type of tenancy agreement you have and the terms of it.

If they do not, they may be guilty of illegally evicting or harassing you.

There are different rules for:

assured periodic tenancies
excluded tenancies or licences
regulated tenancies

If you live in Northern Ireland, Scotland or Wales, your landlord must follow different procedures to evict you:

Get help if someone wants you to leave your home

If your landlord gives written notice that they need you to leave your home, you can get free legal advice from the Housing Loss Prevention Advice Service. This may help you to keep your home.

Rules for assured periodic tenancies (APTs)

If you rent a property from a private landlord it will usually be an assured periodic tenancy.

Assured periodic tenancies must run on a rolling basis, for example, weekly or monthly. They cannot be for longer than a month at a time.

An assured periodic tenancy agreement cannot have an end date. A tenancy agreement with an end date is usually known as a ‘fixed-term tenancy’.

Your landlord can only evict you for certain reasons, for example:

you have not paid the rent
you are committing antisocial behaviour
you have broken other terms of your tenancy
your landlord or their close family needs to move into the property
your landlord needs to sell the property

Your landlord cannot evict you to move in or sell the property within the first 12 months of your tenancy.

Your landlord must give you the proper notice to leave your home. The amount of time they will need to give you depends on their reason for giving notice.

If you do not leave at the end of the notice period

Your landlord must apply to the court for a possession order.

Your landlord will need to show that they followed the correct processes for tenancy deposits, including protecting it in a government-approved scheme. Read Stage 1 of the notices of possession guidance to check deposit rules.

If the court gives your landlord a possession order and you do not leave by the date in the order, your landlord must apply for a warrant for possession. This means bailiffs can evict you from the property.

If you owe rent and get housing benefits

If you claim Universal Credit or Housing Benefit, your landlord may be able to get the rent paid straight to them instead of evicting you. This is known as ‘managed payments’.

Rules for excluded tenancies or licences

If you have an excluded tenancy or licence (for example you live with your landlord), your landlord does not have to go to court to evict you.

Your landlord only needs to give you ‘reasonable notice’ to quit. The notice does not have to be in writing.

There are no set rules about what’s reasonable. It depends on:

how long you’ve been living there
how often you pay the rent
whether you get on with your landlord
how quickly the landlord needs another person to move in

They can then change the locks on your rooms, even if you’ve left your belongings there. However, they must give your belongings back to you.

If you do not think you’ve been given enough warning to leave, contact your local council for advice. Your council can take action if your landlord has evicted you illegally.

Shelter has more information about eviction of excluded occupiers.

Rules for regulated tenancies

If your tenancy started before 27 February 1997, you might have an assured or a regulated tenancy. Your landlord will have to follow different rules to evict you and you’ll have increased protection from eviction.

Shelter has more information about regulated tenancies.

View a printable version of the whole guide

Private renting for tenants: evictions in England

Rules your landlord must follow

Get help if someone wants you to leave your home

Rules for assured periodic tenancies (APTs)

If you do not leave at the end of the notice period

If you owe rent and get housing benefits

Rules for excluded tenancies or licences

Rules for regulated tenancies

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Private renting for tenants: evictions in England

Rules your landlord must follow

Get help if someone wants you to leave your home

Rules for assured periodic tenancies (APTs)

If you do not leave at the end of the notice period

If you owe rent and get housing benefits

Rules for excluded tenancies or licences

Rules for regulated tenancies

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