This section explains what happens once your landlord applies to court to evict you, and what you should do when you receive a letter from the court. It may not be too late to stop the eviction, even if the hearing is about to take place.

Contact a local advice agency if your landlord is trying to evict you and you are not sure of your rights.

• What does 'applying for possession' mean?
  
• Do I have to leave before the landlord's notice ends?
  
• How do I reply to the court?
  
• When will I have to go to the court?
  

What does 'applying for possession' mean?

Your landlord must get permission from the court before you can be evicted. This is called 'applying for possession'. 'Possession' is a legal term meaning the right to enter accommodation and prevent other people from entering it. Even if your landlord owns the property you have the right to prevent her/him from entering without your permission while you are the tenant.

If the court gives your landlord a possession order this ends your legal right to stop her/him from entering your accommodation. It gives the landlord the right to be in the property and ends your right to live there.

Applying for possession is a civil matter. You won't be sent to prison if you do not move out of your home before your landlord goes to court.

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Do I have to leave before the landlord's notice ends?

Your landlord will apply for a possession order from the court if you don't leave after your notice ends. To get a possession order your landlord has to:

• fill in a court form,
• pay a fee,
  
• give information about why you are being evicted.

The first thing you will receive from the court is a notice seeking possession, which means that your landlord has started court action.

If you have a tenancy agreement you will be given the chance to put your side of the story to the court. The forms you get will contain a 'reply form' which you should fill in and return to the court. You will get a court date, when you and your landlord can explain the situation to a judge.

The only exception to this is if you are an introductory Housing Executive, an introductory housing association tenant or a private tenant without a tenancy agreement.

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How do I reply to the court?

Once you receive the court papers you need to reply to the court. Give information about your circumstances to help the court decide whether or not to make a possession order.

Explain your situation as fully as you can. For example, you could explain that you have fallen behind with your rent because your housing benefit has been delayed. Explain why you disagree with any information your landlord has given about why you are being evicted.

Complete your reply within 14 days. If you don't reply during this time you can usually still explain your situation to the court at the hearing.

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When will I have to go to the court?

Your court appearance will be at least 28 days after you receive the notice seeking possession. The hearing will usually be in the county court. Your case is likely to be one of several that the judge is hearing that day and will be on a list.

At the hearing the judge will decide whether you should be evicted. If you and your landlord do not go to court the judge will look at the information you have supplied on paper and write to inform you of the decision. There are many different possession orders that the court can make and even if you are evicted it may be possible to delay the eviction to find somewhere else to live.

You may be able to get help with going to court. It may be possible to be represented or have an adviser or friend go along with you.

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