Free legal advice if you have a housing problem
Help at a possession hearing
Try to get legal advice before you go to a possession hearing.
A solicitor or adviser can discuss your case with you and come to court with you.
You can get advice at court on the day if you do not have anyone to speak for you.
This is called the county court duty scheme. It is free for everyone.
A duty adviser is usually there at the court. You do not need an appointment.
What you need to do
Try to call the scheme before to find out exactly what to do on the day.
The scheme's contact details should be on your court paperwork.
You can also ask for a duty adviser at the court reception on the day.
Get to the court at least 30 minutes early so you have time to speak to an adviser. You may have to wait to see them.
Bring all your paperwork
This helps the adviser to understand your situation quickly so they can give the best advice.
The adviser will you ask about your situation and can speak to your landlord or lender's representatives. They can also go into the hearing and speak to the judge for you.
If you have rent or mortgage arrears, the adviser could help you with a plan to repay this over time. They could speak to your landlord or lender about this before you go in.
Use this checklist if you have rent arrears
What to take to a hearing
your tenancy agreement
the notice from your landlord
the letter and forms you got from the court
a recent household budget if you have one
a copy of your defence form if you sent it back
your bank statements and benefits letters
proof that you've claimed benefits and chased up delays
a repayment plan even if your landlord has not agreed to it
proof that you can pay your rent in full
proof that you're repaying what you owe or can start this very soon
What to tell the duty adviser or the judge
how much you think you owe in rent right now
why you missed payments or were late with rent
what you have done to pay back the missed payments
how much you can pay on top of your normal rent until the arrears are cleared
If no adviser is available
There will usually be someone available. You might not be able to speak to an adviser if:
there is staff sickness
the adviser is helping someone else
You should still go into the hearing when your name is called.
You could ask the judge to move the hearing to another time if you have not been able to get legal advice. This is called an 'adjournment'. The judge decides what to do.
What happens in the hearing
A judge could suspend a possession order or eviction warrant in some situations.
This means you can stay in your home as long as you stick to conditions set by the court.
For example, a suspended possession order might say that you have to:
pay your full rent or mortgage each month
repay your arrears in monthly instalments that you can afford
Read our guides for more advice if you're a:
The adviser could ask the judge to stop or dismiss your case if your landlord or lender:
cannot prove a reason for evicting you
makes a serious mistake on the notice or the process they have followed
Landlords do not need to give a reason with a section 21 eviction.
But they still have to get the notice right, or a judge should dismiss the case.
Find out how to check if your section 21 notice is valid.
Tell the court duty adviser or the judge if you think it's not valid.
Asking for the hearing to be moved to another time
The adviser might ask to change your hearing date. For example, to give you time to:
get more legal advice
sort out an issue with benefits
get your wages if you start a new job soon
After the hearing
The adviser explains the court's decision and your next steps.
They may also tell you about other organisations who could help with:
The duty adviser will confirm your advice in a letter.
Last updated: 6 September 2024
