What To Expect After Receiving an Eviction Notice in England

If you've received an eviction notice from your landlord in England, it can feel overwhelming. Knowing your rights and the correct process can help you stay calm and take appropriate action. This article guides you through what happens after a notice is served, including next steps, key forms, timelines, and where to get help—all in plain English.

Understanding The Types of Eviction Notices in England

The process that follows depends on which notice you've received. The most common types are:

• Section 21 (Form 6A): For assured shorthold tenancies (no fault/on expiry of term). This form gives at least 2 months’ notice. The landlord does not need to give a reason.
• Section 8 Notice: Used when a landlord seeks possession with specific grounds, such as rent arrears or breach of tenancy (notice period varies depending on grounds).

Each notice type follows rules set out in the Housing Act 1988.¹

What Happens Immediately After a Notice Is Served?

Receiving a notice doesn’t mean you have to move out straight away. Here’s what typically happens next:

• You continue to have the right to stay in your home until the notice period ends.
• You don’t have to leave immediately when the notice expires.
• If you stay after the notice period, your landlord must apply to court for a possession order.

Key Steps in the Eviction Process

The eviction process is regulated and must follow legal procedures. Here are the main stages and what they mean for you as a renter:

1. Receiving the Notice

• Carefully check the notice is valid and uses the correct form.
• For a Section 21, the landlord must use Form 6A. Download it and read more from official government guidance.
• If it’s a Section 8 notice, your landlord should use the Form 3 – Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy. Official form and instructions can be found here.

Tip: Always keep a copy of any notice and proof of when you received it.

2. During the Notice Period

• Use this time to communicate with your landlord, resolve disputes (like unpaid rent), or search for alternative housing if needed.
• Contact your local council’s housing team if you’re worried about homelessness. Find your local council via the UK government directory.

3. What if You Stay After The Notice Expires?

• Your landlord cannot forcibly remove you. They must apply to the county court for a possession order.
• You will receive court papers and the chance to explain your situation. If you dispute the notice or eviction, this is your opportunity to raise issues (such as invalid notices or disrepair).
• If the landlord wins the possession order, only a court bailiff can evict you after an official warrant is issued.

Official Forms Used in the Eviction Process

As a renter in England, here are the key official forms you may encounter:

• Form 6A (Section 21 Notice): Used by landlords to end an assured shorthold tenancy without specifying a reason. Example: If your landlord wishes to regain possession at the end of a fixed term, they must serve you with Form 6A. Access Form 6A on GOV.UK.
• Form 3 (Section 8 Notice): Used when your landlord seeks possession due to rent arrears or other specified grounds. Example: If you fall behind on rent, your landlord may serve Form 3 specifying the reason. See Form 3 on GOV.UK.
• Form N5B (Accelerated Possession Claim): Used by landlords to fast-track possession following a valid Section 21 notice. You may receive a copy if your landlord makes a court claim. View Form N5B details.

What Are Your Rights and Options?

The law protects renters throughout the process. You have the right to:

• Remain in your home until court proceedings are complete and a bailiff is appointed
• Challenge invalid or incorrectly served notices (for example, wrong notice period, missing prescribed information, or incorrect forms)
• Apply for help from your local council if you may become homeless
• Get advice and support from authorised services

For further details, visit the full government guide to evictions for tenants.

What is the Role of the Tribunal or Court?

In England, disputes and possession claims are handled by the First-tier Tribunal (Property Chamber) for some matters, but most eviction cases go through the County Court. The court ensures the legal process has been followed and considers any defence you may raise.

Top Action Steps for Renters

• Read your notice carefully and check its validity
• Keep all documents and record dates you received them
• Get advice early, especially if you have concerns about the notice or your rights

1. What should I do if I think my eviction notice is invalid?
   If you have doubts about the notice’s validity (wrong form, notice period, or missing information), seek advice immediately from a housing advisor or your local council. You may be able to challenge the eviction in court.
2. Do I have to move out when the notice period ends?
   No. You are not required to leave at the end of the notice period. The landlord must obtain a possession order from the court before you can be legally evicted.
3. What happens if I ignore court papers?
   If you do not respond or attend hearings, you are likely to lose your case by default. Always respond to court documents and seek advice if needed.
4. Where can I get help if I’m facing homelessness?
   Contact your local council as soon as possible. They have a duty to help you if you are at risk of homelessness. Use the local council finder.
5. Can my landlord evict me without going to court?
   No. It is illegal for your landlord to evict you without a court order and bailiff warrant.

Need Help? Resources for Renters

• GOV.UK: Eviction Notices and Process
• The County Court: Possession Proceedings
• Find your Local Council Homelessness Team
• Government Housing and Local Services Portal
• First-tier Tribunal (Property Chamber)

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1. Housing Act 1988

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