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Your landlord usually has to get a possession order from the court before you can be evicted. A judge will decide whether or not you should be evicted.
If your landlord tries to evict you without going to court it is probably an illegal eviction. A local advice agency can help if you are being evicted and you're not sure of your rights.
Does my landlord have to get a court order to evict me?
Yes, in most cases, but if you are a licensee, rather than a tenant you can be evicted without going to court. Visit our renting subsite to find out when private tenants can be evicted.
If your landlord tries to evict you without going to court it is probably an illegal eviction.
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Where is the hearing?
Your landlord has to apply to the  county court before they can evict you. Your landlord has to apply to the county court that covers the area where your home is.
The eviction hearing is a civil matter. You won't be sent to prison if you don't move out of your home before your landlord goes to court.
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Who will be at the hearing?
Your case will be heard by a judge. You and your landlord will also be able to attend. You can also ask a solicitor or adviser to represent or advise you.
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What will happens once the hearing starts?
The judge will explain how the hearing will be conducted. The judge will check that the people in the room are there for the right claim. Your landlord or their solicitor will speak first. You can ask your landlord questions afterwards.
You can then speak. Tell the court why you think you should not be evicted or why your eviction should be delayed. For example, you have paid off your rent arrears or you are having problems finding somewhere else to live.
Be clear about the reasons why you don't think you should be evicted. Prepare notes of the things you want to say at the hearing. Your landlord can ask you questions afterwards.
The judge can then ask you or your landlord some further questions.
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How will I know what the judge has decided?
The judge will make a decision based on the evidence and what the law says. The judge may decide to:
- make a possession order
- make a suspended possession order
- adjourn the case
- dismiss the case
Each of these is explained in the section on court orders.
If you do not understand the judge's decision you can ask him or her to explain what it means.
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