How long does eviction take?

The key stages of the eviction process are:

• receiving a section 21 or section 8 notice
• applying to court for a possession order
• attending a court hearing
• getting a possession order
• eviction by bailiffs

Step 1: eviction notices

The two most common types of eviction notices are section 21 notices and section 8 notices.

The clock starts ticking as soon as you receive your notice, regardless of which one you’re faced with.

Section 21 notice

You’ll probably have heard a section 21 notice referred to as a ‘no-fault’ eviction. It means your landlord wants you to leave, but they don’t have to provide a specific reason.

There’s a strict process that your landlord will need to follow, including giving you at least two months’ notice before starting the eviction process. You don’t have to leave your home as soon as the section 21 notice period ends. It just means your landlord can start court action.

Section 8 notice

A section 8 notice is used when the terms of a tenancy agreement have been broken e.g. not paying rent.

The notice period can vary depending on the grounds for eviction. This could be anywhere from two weeks to two months.

Your landlord can start court action as soon as the notice period ends. They have a year to do this.

Step 2: applying for an eviction order

If the notice period ends and you haven’t left the property, your landlord can apply to the court for an eviction order. They can’t change the locks or evict you themselves.

Once the court processes the application, they’ll send you papers.

How long this process takes depends on how quickly your landlord acts and how busy the court is.

If you want to challenge the eviction, it might be a good idea to get legal advice.

Types of eviction orders

There are two main types of eviction order:

• Standard possession order: this is the most common type.
• Accelerated possession order: this is faster and is typically used for Section 21 notices. It bypasses a court hearing if there are no disputes.

Standard possession order

If your landlord has applied for a standard possession order, the court will send a date for a court hearing. The hearing date should be within eight weeks of the papers being sent.

You’ll also get a defence form so you can challenge the eviction. If you need it, get legal help to complete the defence form.

Advanced possession orders

There isn’t usually a court hearing but you will be sent a copy of the application. After you receive it, you have 14 days to challenge it.

A judge will either then:

• issue a possession order saying you need to leave the property – this is usually what happens
• have a court hearing if there are problems with the paperwork or if you raise an important matter

Step 3: court hearing

The court hearing is where you can present your case. If you have grounds to challenge the eviction, this is your opportunity.

However, if the landlord follows the correct procedure, it’s likely the court will side with them.

Here’s what happens:

• The judge will listen to both sides.
• You may need to provide evidence or witnesses.
• The hearing can last anywhere from 30 minutes to a couple of hours.

After the hearing, the judge will make a decision.

The possible outcomes are:

• You’ll be able to stay in your home.
• The judge will grant a possession order, meaning you will be evicted.
• The judge will grant a suspended possession order, meaning you can stay in your home, provided you stick to a repayment plan for your arrears and keep up with your ongoing rent.

If they grant the possession order, they will set a date for you to vacate the property.

Step 4: possession order

You’ll typically have 14 to 28 days to move out. If you’re facing particularly challenging circumstances (such as severe financial hardship or health problems), the judge might give you up to six weeks to leave.

At this point, you may still be able to avoid eviction. You can appeal the decision, but you’ll have to be quick.

Step 5: eviction by bailiffs

If you haven’t left by the deadline in the possession order, the landlord can ask the court for a warrant of possession. This allows bailiffs to evict you.

You’ll receive a notice telling you when you’ll be evicted. Bailiffs will usually give you 14 days’ notice before the eviction.

Eviction day can be nerve-racking, but knowing what to expect can help:

• Bailiffs will arrive at the property, usually in the morning.
• You will be asked to leave.
• You’ll be given time to collect your belongings.
• If you refuse to leave, the bailiffs can remove you and will call the police if necessary.

Here's a quick recap of how long the eviction process can take:

•    section 21 notice: two months’ notice
•    court application: four to six weeks
•    court hearing: one to two months
•    warrant of possession: a few days to a couple of weeks
•    eviction by bailiffs: 14 days’ notice

Generally, the process tends to take between four to six months but it can be longer.