Taking it to court

If any of the tenants fail to leave the property upon the expiry of the section 21 notice then you may apply to the county court in the area in which the property is situated for a possession order.

Locating the correct court

You can locate the county courts in your area by using the Court Finder and should be able to contact them between 10am and 4pm Monday to Friday.

How do I start court proceedings?

You will need to send the following to the court:

1. Form N5B (Claim form for possession of property).

2. The tenancy agreement. If there has been more than one tenancy agreement with the same tenants at the same property then copies of the first tenancy agreement, as well as the latest tenancy agreement should be sent. The tenancy agreement may need stamp duty to be paid on it before being sent to the court.

3. A copy of the section 21 notice and evidence of its service upon the tenants (such as a recorded delivery slip). If you do not have any documentary evidence of service, you may need to complete a certificate of service (Form N215) or a witness statement providing evidence of how the section 21 notice was served.

4. Where applicable, a copy of the section 20 notice and evidence of its service on the tenants such as a recorded delivery slip. If you do not have any documentary evidence of service, you may need to complete a certificate of service (Form N215) or a witness statement providing evidence of how the section 21 notice was served.

5. If the property is a house in multiple occupation or is located in an area designated for licensing by the local authority, a copy of the licence or, if this has not yet obtained, evidence that one has been applied for.

6. If a deposit was received after 6 April 2007 evidence that it has been placed into a Government-approved tenancy deposit scheme.

7. A cheque for the court fee. Details of the court fee can be obtained by searching for leaflet EX50 on the The Court Service website. The cheque should be made payable to 'HMCS'

What happens after I issue court proceedings?

1. On receiving your claim the court will:

i. Issue the claim

ii. Give it a claim number (the court's reference number)

iii. Send a copy of the claim to the tenants

iv. Write to you confirming that this has been done and inform you of the date of service on the tenants

2. The tenants will have 14 days from the date your claim is served on them by the court to send their defence (if any) to the court stating why they oppose the claim or seeking a postponement of possession on grounds of 'exceptional hardship'. The court will provide you with a copy of the defence.

3. If the tenants fail to file a defence in the time provided then you will have three months to make a written request to the court to grant a possession order against the tenants for failing to raise a defence to your claim. The court will provide you with a simple form to complete and return to it for this purpose. If this request is not made by this time, the claim will be stayed (put on hold). If the tenants file a defence at court after 14 days has expired, but before you make a written request to the court to grant a possession order, the defence will be accepted by the court.

4. On receiving a defence or a request for possession of the property from the landlord, the claim will then be referred to a judge.

Potential outcomes of the claim

The judge may grant possession of the property without the need to attend a court hearing, unless he/she is not satisfied that the claim form was served on the tenants or that you have properly established a right to possession. In such circumstances, he/she may set a date to attend a court hearing or even dismiss your claim.

If the tenants apply to postpone possession on the grounds of 'exceptional hardship', and this is accepted by the judge, then he/she may give the tenants up to six weeks to vacate the property instead of the usual 14 days. However, you can choose to attend a hearing in the event that such an application is made by the tenants. At the hearing, you or your representative may raise objections to the tenants' application.

What happens if the tenants ignore the court order?

You must not evict the tenants yourself.

If you have obtained an absolute possession order, and the tenants fail to leave after the date specified in the order, you must apply to the court for a warrant for possession using court form N325. This should be sent to the court together with the court fee. The court will then arrange for bailiffs to evict the tenants on your behalf.

Please note that if the tenant refuses to leave after the date in the court possession order, and you ask him or her to pay rent, there is a danger that the court could rule that a new tenancy has arisen. However, the tenant is liable to pay you damages for continued occupation of the property (known as mesne profits). You should seek legal advice in these circumstances.