Steps to Take If You’re Being Evicted in England

If you’ve received an eviction notice in England, it’s natural to feel worried and uncertain about your future. Understanding your rights, the legal process, and what immediate steps to take can help you stay in control and prepared. This guide explains the eviction process, key documents, action points, and where to get support—all in plain English and updated to reflect the latest legislation in England.

Understanding the Eviction Process in England

Eviction is a legal process that a landlord must follow to ask a tenant to leave a rented property. In England, your landlord cannot simply tell you to leave—they must serve the correct notice and, if you don't leave, obtain a court order.

Types of Tenancy and Notices

• Assured Shorthold Tenancy (AST): The most common type of tenancy in England. If you rent from a private landlord, you likely have an AST. Covered under the Housing Act 1988.¹
• Section 21 Notice: Used for 'no-fault' eviction at the end of a fixed-term AST. Your landlord must provide at least 2 months’ notice. For form, see below.
• Section 8 Notice: Used if you have broken your tenancy agreement (for example, rent arrears or anti-social behaviour). The required notice period depends on the reason your landlord is giving.

It is illegal for a landlord to evict a tenant without following the correct legal process or without a court order.

Essential Steps If You Are Facing Eviction

• Check your eviction notice: Confirm if the notice is valid and correct (e.g., the right form, minimum notice period, proper information).
• Do not leave the property immediately: You are not legally required to leave until a court grants a possession order and, if you stay, a bailiff warrant is obtained.
• Seek advice as early as possible: Contact your council's housing team or a renters’ advice service.
• Prepare evidence or correspondence: Gather your tenancy agreement, rent statements, and any communications with your landlord.

Key Official Forms and How to Use Them

• Form 6A: Section 21 Notice
  When used: When a landlord wants to repossess a property under an AST without fault.
  How used: If you receive this form, double-check the dates and that you’ve had all required documents (e.g. gas safety certificate).
  Find Form 6A and guidance here.²
• Form 3: Section 8 Notice
  When used: If your landlord claims you’ve broken the tenancy agreement.
  How used: Review the grounds stated and calculate your notice period carefully. If you dispute the reason, make a written response.
  Find Form 3 here.²
• Form N11M: Tenant’s Defence Form
  When used: If your landlord applies to court for possession, you’ll receive court papers including this form.
  How used: Complete and return to the court by the deadline, explaining your situation and any defences.
  Learn about tenant defences on GOV.UK.³
• Form N244: Application Notice
  When used: If you wish to ask the court to stop or delay the eviction (for example, because of urgent hardship).
  How used: Complete the form, outlining your reasons, and submit as quickly as possible.
  Access Form N244 here.⁴

Using these forms correctly and responding promptly is crucial to protect your rights and explain your side to the court.

The Role of the Court and Tribunal in England

In England, First-tier Tribunal (Property Chamber) hears disputes about certain residential landlord-tenant matters, although most eviction cases go through the County Court.⁵

The County Court handles possession hearings. If your eviction goes to court, you’ll have a chance to present your case—so use this time to prepare evidence and seek advice.

Your Rights and What to Expect

• You cannot be forced to leave without a possession order from the court.
• If you don’t leave by the court’s deadline, only a court-appointed bailiff can carry out the eviction.
• Unlawful eviction (changing locks or harassing you to leave) is illegal. If this happens, contact your council’s housing team or the police.

It’s always best to remain calm and keep communication with your landlord and all official bodies professional and well-documented.

After Eviction: Seeking Homelessness Support

If you become homeless or are at risk of losing your home, you have the right to ask your local council for help. Under the Homelessness Reduction Act 2017, all councils in England must provide free advice and support to those facing homelessness.⁶

• Contact your council’s housing or homelessness team as soon as possible—ideally before the court date or eviction deadline.
• Provide all documents relating to your tenancy and eviction case.

FAQ: Eviction Rights and Support in England

1. Can my landlord evict me without a court order?
   No, landlords in England must obtain a court order before evicting most tenants. Forced evictions without this are illegal.
2. What should I do if the eviction notice seems wrong?
   Get advice from your local council, Citizens Advice, or a renters’ organisation. Incorrect notices can be challenged and may delay the eviction.
3. Who decides eviction disputes in England?
   The County Court typically decides eviction cases. Some tenancy disputes may go to the First-tier Tribunal (Property Chamber).
4. Can I get help with housing after eviction?
   Yes, you can ask your local council for homelessness support under the Homelessness Reduction Act 2017. Councils must assess and help those at risk.
5. Is it better to leave before the eviction date?
   No, only leave when legally required. Leaving early can affect your eligibility for council help.

Key Takeaways

• Check that your eviction notice complies with all legal requirements before acting.
• You have the right to challenge eviction in court and to seek help from your council.
• Prepare all relevant documents and get advice quickly to protect your rights.

Staying informed and proactive is the best way to manage eviction and secure future housing.

Need Help? Resources for Renters

• GOV.UK: Private Renting Evictions – Official government information on eviction types and procedures.
• Shelter England: Eviction Advice – Free, confidential advice and practical support.
• Homelessness Help from Your Council – Apply for homelessness assistance.
• Citizens Advice: Eviction – Advice on challenging notices and court processes.
• Contact your local council housing team.

---

1. Housing Act 1988
2. Assured tenancy forms (GOV.UK)
3. Challenging an eviction notice – GOV.UK
4. Form N244 – Application Notice (GOV.UK)
5. First-tier Tribunal (Property Chamber)
6. Homelessness Reduction Act 2017

Categories

Tenant Rights & Responsibilities Rent, Deposits & Increases Tenancy Types & Agreements Moving In & Out Procedures Repairs, Maintenance & Housing Standards Eviction Notices & Repossessions Shared Housing, HMOs & Lodgers Discrimination, Harassment & Accessibility Utilities, Bills & Council Tax Affordable Housing, Social Housing & Benefits Dispute Resolution & Housing Tribunals Health, Safety & Fire Regulations Privacy, Landlord Entry & Surveillance Unusual & Special Tenancy Situations Renters’ Insurance & Liability Homelessness Support & Post-Eviction Help Landlord Duties, Licensing & Penalties Housing Law, Legal Updates & Case Studies Mental Health, Disability & Vulnerable Renters’ Rights Rent Repayment Orders & Compensation