If you have received court papers:
If you have received court papers, they should include a ‘claim form’, which is the form your landlord filled in to start the claim. The papers should also have included a form called a ‘defence form’, which you can use to tell the court that you disagree with the landlord.
Use the defence form to give your reasons for challenging your section 21 or section 8 notice.
If you can, you should seek legal advice when challenging an eviction. You may be ordered to pay your landlord’s costs in the possession claim, this can be very expensive. Legal Aid might be available if, for example, you are on low income or benefits.
It is best to seek legal advice and support before attending court as soon as you can.
Possession hearing:
The court will tell you when the hearing is and where you need to go. Always go to your possession hearing, even if you have not sent defence papers. The hearing is an opportunity for you to make your case. Bring any evidence you have to the court hearing. The evidence will depend on what you want to argue. You can bring a friend or family member to court with you for support, but they might not be able to speak for you in the courtroom.
Try to get a lawyer who can represent you in court, we would be more than happy to help you in this matter. If you are on low income or benefits you might be able to get legal aid to help you with the cost. On the day of the hearing, you can speak to a free legal adviser called a ‘duty adviser’. If you are unable to contact the duty adviser, tell the usher or the judge before the hearing starts, and they may agree to delay the hearing.
The court will tell you if you can stay in your home or if you have to leave. If you are ordered to leave your home, you will usually be given at least 14 days to leave.
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