Free legal advice if you have a housing problem
Help at a possession hearing
Get legal advice before you go to a possession hearing if you can.
It gives a solicitor or adviser more time to help you. They might 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 might 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 asks about your situation and speaks to your landlord or lender. 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 our checklists if you owe rent
What to take to your hearing
your tenancy agreement
the notice from your landlord
court letters and defence form
your bank statements
proof of your benefits claim
a repayment plan even if your landlord has not agreed to it
proof that you can pay your rent and repay what you owe
emails or letters about a new job or return to work
proof that you paid a deposit if it is not protected
proof that you reported repairs if work has not been done
texts, emails or letters if your landlord has harassed you
What to tell the duty adviser or the judge
how much rent you owe
why you missed payments or were late with rent
what you have done to pay back the missed payments
how much you can pay each month to clear the arrears
if you need a delay to get more legal advice
why you could not get advice before the hearing
If no adviser is available
An adviser is usually 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 could not get legal advice. This is called an 'adjournment'. The judge decides what to do.
What happens in the hearing
Sometimes a judge can suspend a possession order or eviction warrant.
This means you can stay in your home as long as you do what the court says.
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
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
More on eviction hearings if you're a:
Section 21 eviction hearings
The court cannot usually stop a section 21 eviction.
But your landlord still has to get the notice right, or a judge should dismiss the case.
Tell the court duty adviser or the judge if you think your notice is not valid.
How to check if your section 21 notice is valid.
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 confirms your advice in a letter.
Last updated: 20 January 2026
