Torbay Council

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My landlord is taking me to court

If you haven't left by the time the notice expires landlords usually have to apply to the county court for an order telling you to leave. This is known as a possession order. Most tenants are entitled to stay in their accommodation until a possession order takes effect.

What should I do?

You should seek advice immediately if you receive a letter telling you that there is going to be a court hearing. Contact our Housing Needs Team using the contact details on the right hand side of this page. We will be able to tell you whether it is likely the court will grant possession of your property to the landlord, whether you can offer a defence in court and what steps you should take to try to keep your home. We can also represent you in court if need be.
We will also be able to advise you on different housing options if your landlord is granted possession of your property.

Will I be evicted by the court?

Sometimes landlords are able to get a possession order automatically but other times they need to prove a reason to the court, for example, if the landlord claims that you have breached your tenancy because of Rent Arrears, anti-social behaviour or damage to your property.
For further information about what happens if your landlord goes to court visit Shelter Advice Guide - Letters from the court opens in a new window
Where else can I go for advice?
You could also contact the following via the link above:
For further information view related pages on the right hand side of this page and visit the following sites:
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