Defending eviction route: notice → court → enforcement

Step-by-step defence route from receipt of a possession notice through hearing to enforcement of any possession order.

This page applies in England only — different rules may apply in Wales, Scotland, or Northern Ireland.

When to use this route

You have been served with a Section 8 (or pre-RRA Section 21) notice and need to know what happens next.

If you have already been physically evicted — that is unlawful eviction and a criminal offence; report to police and contact a solicitor.

• Tenancy agreement
• Deposit certificate (was the deposit protected?)
• EPC, EICR, Gas Safety, How to Rent booklet evidence (pre-RRA validity gates for s.21)
• Rent statements
• Disrepair evidence (potential counterclaim)

Stage 1
Check notice validity
Many notices are defective. Check dates, prescribed form, deposit protection, EPC/EICR/Gas Safety served (pre-RRA s.21), and whether the ground cited actually applies.
Stage 2
Get advice immediately
Free help from Shelter, Citizens Advice, or a law centre. Housing Loss Prevention Advice Service (HLPAS) provides means-tested legal aid at the courthouse.
Stage 3
Engage with the landlord
Pay arrears (ground 8 dis-applied if arrears reduced below 3 months by hearing). Offer a realistic repayment plan.
Stage 4
File a defence
On receipt of Form N5 claim, file Form N11R within 14 days. Plead defences and counterclaims (disrepair, deposit penalty s.214 Housing Act 2004).
14 days from service
N11R
Stage 5
Hearing
Listed within 5–8 weeks of issue. Most are short. HLPAS duty solicitor available at court.
Forum: county court
Stage 6
Order and enforcement
If a possession order is made, the date in the order applies. If you stay, the landlord must apply for a warrant of possession (Form N325) for bailiff enforcement.