Private renting for tenants: evictions in England
Eviction notices
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.