Can my landlord evict me in winter?

Direct answer

No, there is no winter eviction ban in England or Wales. A landlord can serve notice, start court proceedings, and enforce a possession order at any time of year. But the process still takes time and must follow strict legal steps, and there are ways to slow or challenge an eviction. Get advice quickly if you have been served notice.

Many tenants believe they cannot be evicted in winter, or that cold weather gives them extra protections against eviction. In England and Wales, this is not the case. There is no general legal rule that prevents landlords from serving notices, starting court proceedings, or enforcing eviction orders in winter. However, the full picture is more nuanced, and there are things you can do to slow or challenge an eviction at any time of year.

The position in England and Wales

There is no winter eviction ban in England or Wales. A landlord can:

• Serve a Section 21 or Section 8 notice at any time, including in winter
• Issue court proceedings at any time of year
• Apply for a possession order at any time
• Apply for a bailiff warrant at any time

The courts do operate on timetables that can cause natural delays, court and tribunal backlogs mean that the gap between serving notice and actually obtaining possession typically runs to many months. But this is not a legal protection; it is a practical reality of court capacity.

Does the cold affect the court's discretion?

In some circumstances, yes. When a court is considering whether to make a possession order on discretionary Section 8 grounds, where the decision is not automatic, the judge must consider all the circumstances. The impact of eviction on a vulnerable tenant (for example, a tenant with a health condition who would be at particular risk if forced to leave their home in winter) may be relevant to whether the court grants possession and on what terms.

However, this discretion is limited. Courts cannot refuse to make a possession order on a mandatory ground (such as Ground 8 for two months' rent arrears) simply because it is winter. Discretion only arises on discretionary grounds.

The position in Scotland

Scotland does have a winter protection period. In Scotland, most evictions involving social rented tenants and some private tenants cannot be enforced during a defined winter period (typically 15 October to 15 April), unless the sheriff grants a specific exception because of the particular circumstances of the case.

If you are in Scotland, the position is significantly different to England and Wales. Seek advice from Shelter Scotland or a Scottish housing charity.

If bailiffs are coming

If you have received notice that bailiffs (High Court Enforcement Officers or county court bailiffs) are coming to enforce a possession order, there is very little time. You can apply to the court to suspend or delay the warrant on the basis of exceptional circumstances, but you need to act immediately and seek legal advice.

If you are in a very vulnerable position, for example, you have a serious health condition, you are pregnant, you have very young children, or you have nowhere to go, tell the court at the earliest possible stage. The court has some discretion to delay enforcement.

Disrepair as a shield against eviction

If your home has serious disrepair that your landlord has not fixed, this may be relevant to your eviction case:

• In discretionary Ground 8 (rent arrears) cases, a disrepair counterclaim can offset rent arrears, potentially reducing them below the threshold for the mandatory ground
• Disrepair may be relevant to the court's exercise of discretion on discretionary grounds
• A Section 21 notice served while an improvement notice or remedial action notice is in place may be invalid (the retaliatory eviction protections)

See our guide: /help-centre/can-i-be-evicted-for-complaining.

What to do if you are facing eviction in winter

1. Do not ignore any paperwork, a notice to quit, court claim form, or bailiff letter all require a response
2. Seek legal advice immediately, free advice is available from Citizens Advice, law centres, and legal aid solicitors
3. Attend the possession hearing, even without a solicitor, attend and explain your situation to the judge
4. Apply to postpone enforcement if a possession order has been made and you need more time
5. Contact your council if you are at risk of becoming homeless, the council has duties under the Homelessness Reduction Act 2017 to help before you are actually evicted

When should I contact Support for Tenants?

If you are facing eviction and your home has damp, mould, broken heating, or other disrepair, you may have a disrepair claim that is relevant to the eviction proceedings. Call us on 0800 030 4669.

No upfront cost. You only pay if you win, and the fee comes out of the compensation.

Sources

• Housing Act 1988 (legislation.gov.uk)
• Housing Act 1996 (legislation.gov.uk)
• Deregulation Act 2015 (legislation.gov.uk)

Related articles

• What happens at a possession hearing?
• Bailiff warrant, possession, what to do
• Being evicted, what are my rights?
• Homelessness Reduction Act, prevention duty