Being evicted from your home can feel like the end of the road. Many people believe that once the bailiffs have attended and the property has been repossessed, there is nothing more that can be done. In reality, this is not always true. Depending on the circumstances of your eviction and the steps taken by the landlord or council, there may still be legal options available.
At Penerley Solicitors in Canary Wharf, we regularly speak to clients who contact us after possession has already taken place. While the situation is serious, the law in England and Wales does provide certain remedies in limited circumstances. Understanding your position early can make the difference between having options and having none.
What does eviction legally mean in England and Wales?
In England and Wales, eviction usually follows a court process. A landlord must first obtain a possession order from the court. If the tenant does not leave by the date in the order, the landlord must then apply for a warrant of possession. Bailiffs or High Court Enforcement Officers then attend the property to lawfully remove the occupier.
Once this has happened, the tenancy is normally ended. However, there are circumstances where the court can be asked to review what happened, particularly where there has been an error in the legal process or where important information was not considered.
Eviction does not always mean your rights have completely ended. The law recognises that mistakes can occur and that people in vulnerable situations may not have been properly represented or heard.
When can a possession order be challenged?
A possession order may sometimes be challenged after eviction through an application to set aside or vary the order. This is not automatic and it is not guaranteed. The court will only consider this in limited circumstances, such as where the tenant was not aware of the hearing, was unable to attend for a valid reason, or where the landlord failed to follow the correct legal steps.
You may also be able to apply for relief from sanctions or to set aside a default judgment if the possession order was made in your absence and you did not have the opportunity to defend the claim.
Common reasons the court may consider include:
• You did not receive the court papers or notice of the hearing
• You were seriously unwell or otherwise unable to attend
• The landlord provided incorrect or misleading information
• The correct legal procedure was not followed
• There is new evidence that could not have been provided earlier
These applications are time sensitive. The longer you leave it, the harder it becomes to persuade the court to reopen the matter.
What options may still exist after eviction?
Although regaining possession of the same property is rare, there are still legal and practical routes that may be available depending on your circumstances.
Some people may be able to negotiate with the landlord, particularly where arrears can be cleared or a payment plan can be agreed. Others may be entitled to assistance from their local council, especially where they are considered homeless or vulnerable under the Housing Act 1996.
There are also situations where the eviction itself may have been unlawful. For example, if bailiffs acted outside their authority, or if the landlord changed the locks without a court order, this may amount to an illegal eviction which is a criminal offence.
Even where the eviction was lawful, you may still be able to challenge the underlying possession process or seek rehousing support.
At Penerley Solicitors, we provide clear, realistic advice so you can understand:
• Whether the court can still be approached
• Whether negotiation is a realistic option
• What homelessness duties the council may owe you
• Whether any legal errors occurred
• What your next steps should be
If you have already been evicted, the most important thing is to act quickly. The sooner legal advice is taken, the more likely it is that meaningful options can still be explored.
