What happens in court

This content applies to England only.

Housing laws vary between England and Scotland. This page applies to England only. Get advice relating to Scotland

If you are a homeowner you can only be evicted if the court makes a possession order. This section explains what happens at the possession hearing.

Do I need to go to the hearing?

Yes, it is essential that you attend the hearing so you can explain your situation to the judge. If you need help, you should get advice. contact Shelter's dedicated homeowner helpline on 0300 3300 515 or use our directory to find face-to-face advice services in your area who can help you to prepare for the hearing.

If you do not attend the hearing it is likely that the judge will simply agree to your lender’s demand that you should be repossessed and will grant them a possession order. Whereas if you attend the hearing, you or your adviser may help you to avoid repossession.

Most county courts have a court desk scheme adviser who can give you free legal advice and representation to help you, but you should not rely on this, get advice before you go to court.

Where is the hearing?

The hearing will normally take place in the county court, and there is a county court in most cities and large towns. Your lender or freeholder has to apply to the one in the area where your home is. The papers you get from the court will tell you the address of the court where the hearing will take place.

In some circumstances, your lender or freeholder may start the case in the High Court. This might happen if there is a complicated dispute. If it is not appropriate for the case to be heard in the High Court, it can be transferred to the county court in the area where the property is.

When a lender or freeholder applies to the county court for a possession order, they are known as the 'claimant'.

Hearings are usually held in the judge's private room, known as chambers. Sometimes they may take place in an open courtroom but members of the public are not allowed to be present.

What should I do when I arrive at the court?

The court papers will tell you the time of your hearing. You should arrive at the court in good time. There will probably be other possession cases scheduled to take place at the same time. When you arrive, you should:

• find out exactly where the hearing is taking place
• let the court usher know that you are there to attend the hearing, and if you have an adviser.

The usher is a court officer who deals with the administration of court hearings. The usher will have a list of all the cases to be heard by the judges that day. If you cannot find the usher, ask the person at the court front desk or reception where you can find the usher, where to wait and in which room the hearing will take place.

The usher will decide in what order the cases will be heard. As there may be a lot of cases on the same day, you could have a long wait until your case is called. But if you don't arrive at court on time, you could miss your hearing. If you are alone and need to go to the toilet or briefly need to leave the court, make sure you tell the usher.

Who will be at the hearing?

A judge will hear your case. You and your lender (or freeholder) will both have the opportunity to speak. Both you and your lender can each bring a solicitor or adviser to act as a representative. You can take a friend along to help you in court. If you also want them to speak on your behalf, you will need to check if the judge will allow this.

Most courts have desk schemes, where there are specialist advisers or solicitors on duty to help people on the day of the hearing. Ask the usher about this.
If you want to talk to an adviser before the hearing, you should allow plenty of time and arrive at the court well in advance.

If an adviser is going to represent you in court, getting advice promptly gives them more time to find out about your situation, so they can help to decide what can be done to stop or delay your eviction.

Make sure that you bring any relevant documents and letters with you when you speak to an adviser at the court.

What happens next?

The court usher will call you when it is your turn and will tell you where to go. The judge should then explain what will happen during the hearing.
Usually your lender’s representative speaks first and explains why they want to repossess your home. You or your representative will be able to ask the lender or their representative questions.

After the lender’s representative has spoken, you or your adviser will have the opportunity to speak. You can tell the court why you shouldn't be evicted or why your eviction should be delayed or why you need an adjournment. Your lender or their representative may ask you questions.

The judge might decide you shouldn't be evicted if you:

• have paid off your arrears
• are making regular repayments to reduce the debt
• will soon be able to make sufficient payments to repay the arrears.

Your eviction may be delayed if:

• you are having difficulty finding somewhere else to live, or
• you are trying to sell your home, or
• if you have children.

The judge can ask you or your lender further questions. If you don't understand the court process, ask the judge to explain it to you.
If the case is complicated or if you dispute what the lender’s representative has told the court, the judge may decide that s/he needs more time to hear all the evidence. If this happens, the judge may set a date for a new hearing.

Will I have to pay court costs?

Probably. In property repossession cases, most mortgages allow the lender to charge you for any costs if they need to take you to court. These legal and court costs will be added on to your mortgage debt, and can amount to several hundreds of pounds even in straightforward cases.

If you do decide to fight the case, the extra costs can quickly add up to thousands of pounds, so it is essential to get legal advice if you are fighting a mortgage case. If you take steps that later prove to be wrong, you could add to your debts and to your problems.

There are situations in which you can ask the judge to order the lender not to charge you for the court and legal costs, if for example the lender has made a mistake. Also, if you have received legal aid you may not have to pay those costs, unless your financial situation improves significantly in the future.

If the lender brings a case against you at a time when you have arrears and you then pay off the arrears, you are still likely to have to pay the lender’s legal costs even if you think that the court case was unnecessary.

Compound interest

If you miss any mortgage payments at any point during the term, the accumulated interest and mortgage payments will be added on to your debt. This will increase the total amount that you owe, and any future payments are likely to be higher as well.