Court Papers and Possession Hearings

If you have received court papers

If you have received court papers, they should have arrived with 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, we have significant experience with dealing with landlords and would be delighted to receive your instructions. If ordered to leave by the court there is also the possibility that they may be awarded costs (this means that you will be financially liable for all the landlords legal and court costs). Legal Aid may be available if you are on low income or benefits. It is highly recommended that you 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. We would always suggest that you attend such a hearing, even if you have not sent defence papers. The hearing is an opportunity for you to make your case. You should bring any evidence you have to the hearing; you can bring a friend or family member to court with you for support, but they will probably not be allowed to speak for you in the courtroom.

 

How we can help

If you wish to challenge an eviction then you need to act without much hesitation. If you are on low income or benefits you might be able to get legal aid to help you with the cost. If you do not wish to use our services you may still be able to access a free legal adviser called a ‘duty adviser’, however, this person may not be able to give you the time your case deserves and will certainly not have completed any work on your behalf. 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. At the end of the hearing, the judge will normally be able to instruct you whether you can stay in the property, or have to vacate it. If the latter you will usually be given at least 14 days to make the arrangements.

 

To gain our assistance you need to open a case, this is done by taking advantage of our free consultation service, activated by the link at the top of the page, should you wish to start a case the caseworker will send you the suitable payment link.  Please note your caseworker can only give generic advice, their role is to prepare your details for handling by our legal team and to act as your point of contact, they will also issue you with your Password and PIN, these will be needed to log onto your client dashboard. From your dashboard you will be able to manage and view every aspect of your case, upload documents, images, files etc.