1. Notice of Seeking Possession (NSP)
The eviction process begins with your landlord providing a written notice of seeking possession. This notice informs you of their intention to take back the property and outlines the reasons for this action. It’s essential to verify the validity of this notice, which you can do by consulting your local Citizens Advice or local authority housing department.
2. Court Order Application
Receiving a notice does not mean immediate eviction. Your landlord must obtain a court order before proceeding. This court order can only be sought after the notice period has expired. Exceptions to this include certain tenants with basic protection, such as property guardians, students in halls of residence, and employees provided with accommodation.
3. Defence Form Submission
Upon your landlord applying for a court order, you will receive a defence form. This form allows you to present your case to the judge, explaining your situation and providing evidence. It is advisable to seek professional housing advice from organizations like Citizens Advice or Shelter to effectively complete this form, as it significantly impacts the court’s decision.
4. Court Hearing
The court hearing is where the judge decides whether to issue an eviction order and, if so, what type. The judge may issue an outright eviction order or a suspended eviction order with conditions, such as paying a certain amount towards rent arrears monthly. If you can demonstrate an affordable and realistic plan to repay arrears, the court might allow you to stay in your home. However, the court has limited power to stop the eviction of private tenants but can sometimes delay it.
5. Bailiffs
If the court grants an eviction order and you do not vacate by the specified date, your landlord can request an eviction warrant. This warrant results in bailiffs serving you with Form N54, indicating the time and date of eviction. Bailiffs are the only ones authorized by the court to carry out the eviction, and they must provide you with at least two weeks’ notice.
6. Emergency Housing
In cases of eviction due to rent arrears, you might be considered intentionally homeless, which can limit your local authority’s duty to rehouse you permanently. However, those with dependent children, disabilities, or classified as a priority group might receive temporary accommodation, giving you more time to find alternative housing.
Support from the Licensed Trade Charity
The LTC offers 24/7 support for individuals facing eviction. We provide confidential advice and can guide you through the process. Call our helpline at 0808 801 0550, or email enquiries@ltcharity.org.uk.
This guide is an overview of the eviction process. For detailed advice tailored to your specific situation, contact our helpline.
