Rented Possession Cases

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Notes for defendant - rented residential premises claim

This guidance is also available in pdf format.

If you receive an application for possession this is because your landlord or local council (the 'claimant') is asking the court to make an order that you give up possession of the property you live in.

You should note that no-one can evict you from the premises unless the court says that they can; the court will not make a decision before the hearing date. What you do may affect the court's decision. You should therefore take action immediately.

You should:

• get help and advice immediately from a solicitor or advice agency;
• fill in the attached defence form and return it to the court within 14 days of receiving claim form;
• attend the hearing, even if you have agreed about repayment of any arrears with your landlord.