Challenging an eviction

You'll get court papers when your landlord starts a possession claim. You can challenge your landlord’s eviction claim when you get the court papers.

You should reply to the court within 14 days of getting the court papers.

If you have a court hearing, you should still go to it even if you don’t reply to the court. 

How you can challenge your eviction depends on:

• what type of contract you have - check your written statement to see what type of contract you have

• why you’re being evicted - you can find the reason you’re being evicted written on your notice

Your written statement sets out your rights and responsibilities - and those of your landlord. If you don’t have a written statement, your eviction notice might not be valid. You should explain your eviction notice might not be valid when you say why you’re challenging your eviction. 

Your landlord usually has to give you a written statement within 14 days of when you move in.

If your tenancy started before 1 December 2022

In most situations your landlord should have given you a written statement by 1 June 2023.

There’s a slightly later deadline if there was a change of contract holder between 1 December 2022 and 31 May 2023. In this situation your landlord had until 14 June 2023 to give you a written statement.

Examples of a change of contract holder include if:

• you had a joint contract that changed to a sole contract because someone else moved out

• you had a sole contract that changed to a joint contract because someone else moved in

• you’ve taken over the contract of someone who’s died

• your contract ended and became another type of contract - for example your fixed term ended and became a periodic contract

If you’re not sure what type of contract you have, talk to an adviser.

If you have an introductory or a prohibited conduct standard contract, you must ask for a review if you want the council or your housing association to change their decision. You have 14 days from the date you got your notice to ask for a review. 

Talk to an adviser if you need help at any point during the eviction process. They might be able to help you fill in the defence form or negotiate with your landlord to stay in your home.

Write down why you’re challenging the eviction

If you can, talk to an adviser before you challenge your eviction.

What you need to do is different if your landlord’s using the accelerated procedure – check if it says ‘accelerated procedure’ at the top of the claim form.

You should give as much detail as possible - the court will look at what you say to decide whether you can stay in your home.

You’ll usually need to:

• give reasons for your problems

• explain how you’re making the situation better

• check the papers you get from the court

• explain why you should be allowed more time in your home

• respond to every claim your landlord makes against you

If your landlord never gave you a written statement of your contract, your eviction notice might not be valid. You should explain that your notice might not be valid when you write down why you’re challenging your eviction.

Give the reasons for your problems

You should explain your side of the story if your landlord has to prove the reasons to evict you.

For example if you’re being evicted for rent arrears, you should mention why you found it hard to pay your rent - this could be because you lost your job or were in hospital.

Gather any evidence you have to support your case. For example, a doctor’s note if you couldn’t pay your rent because you were ill.

If you think you’ve been discriminated against

You could help your case by including it on your form - check if your housing problem is discrimination.  

You should definitely check for discrimination if you have a physical or mental health condition that makes your daily life harder. This could count as a disability in the law. Your landlord might have discriminated against you if they didn’t take your condition into account.

Explain how you're making the situation better

The court might look at what you’ve been doing to make the situation better - it depends on the reason your landlord is using to evict you.

If you can prove you’re trying to fix the situation, the court might delay making a decision on whether you should be evicted.

Make sure to mention if you:

• are paying off your rent arrears each week or you’ve paid for repairs to any damage you caused

• have applied for any benefits or a new job if you’re in rent arrears

• might be able to pay your rent soon - for example because you’re expecting your first Universal Credit payment

If your landlord hasn’t done repairs

If you told your landlord your home was damp or needed repairs and they didn’t fix the problem, you might be able to make a disrepair or damages claim against them.

This could be used to lower the amount of rent arrears you owe.

Talk to an adviser for help in these cases.

If water charges were included in your rent

If your landlord has charged you too much for water, you might be able to stop them evicting you. Check if your landlord overcharged you for water and what you can do.

Note any errors in letters you’ve been sent

Your court papers will explain why your landlord is trying to evict you. They’ll usually include any evidence your landlord wants the court to look at, but your landlord might send more before the hearing. Read all the court papers carefully and check they’re correct.

If they’re wrong, explain why in your defence. For example, mention if the amount of rent arrears is wrong, or explain your side of the story if you’ve been accused of anti-social behaviour.

You should also mention if your landlord made any mistakes in their notice. For example, if they've used the wrong form.

Again, include any evidence that supports what you’re saying if you can.

Explain why you should be allowed more time in your home

Explain why you think you should have more time in your home and give as much detail as you can.

You might need to explain to the court why you should be allowed extra time - for example because you've got a serious illness or disability.

The court could delay the date you'll need to leave your home. The amount of extra time the court can give you depends on why your landlord is trying to evict you.

Depending on why your landlord is evicting you, the court could either:

• let you stay in your home if you follow their orders - for example if you agree to pay off your arrears

• delay the date you'll need to leave by up to 6 weeks, if leaving in the usual 14 days would cause you ‘exceptional hardship’

Send your defence to the court

You must send the defence form or what you've written to the court and your landlord within 14 days - the address will be on the form.

If you miss the deadline, you should still send it as soon as possible.

Make sure you keep a copy - you'll need to remember what you've written later on.

Check what happens after you send your defence

The process is different if your landlord’s using the accelerated procedure – check if it says ‘accelerated procedure’ at the top of the claim form.