Section 8 court hearings
Guide for private tenants with an eviction hearing.
What happens at court on the day
Get to the court at least 30 minutes before your hearing.
This gives you time to:
go through court security
find the reception
ask for the court usher
The usher tells you where to go and what to do.
Free legal help at court
You can get free legal help on the day.
Ask to speak to a court duty adviser as soon as you get there.
You have to wait to see the judge
You can usually speak to the court duty adviser while you wait.
The usher tells you when it is time for you to see the judge.
Your hearing will probably not be at the exact time it says on the claim form.
Tell the usher if you have to leave the waiting area for any reason. If you do not let them know, they might call your case and you could miss your hearing.
Use our checklists if you owe rent
You do not have long to explain your situation. It helps if you have your documents and information with you.
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 repairs you reported have not been done
if you need a delay to get more legal advice
why you could not get advice before the hearing
What happens in the hearing
The hearing only takes about 10 minutes.
It might be in the judge's office or in a court room. It will be a private area.
The judge looks at the information and listens to both sides.
Your landlord's representative gets to speak first. Then the judge will invite you or your adviser to respond. You should call them 'judge'.
Ask the judge if you need to show them something on your phone. For example, your universal credit account or online bank statements.
Keep your phone on silent. Try not to interrupt.
What does it mean if your case is dismissed?
It means you can stay in your home. The eviction process stops.
The judge will dismiss your case if:
your landlord cannot prove a legal reason for eviction
your landlord or their solicitor do not come to the hearing
Tell the judge if you think the notice is not valid. The judge could dismiss your case.
A judge might ignore small mistakes on the notice. For example, spelling mistakes. Or they might let the landlord fix a mistake.
You cannot be evicted if your landlord applies to court too late. This means more than a year after giving you notice.
When could your case be delayed?
The duty adviser might think you need more time to get legal advice.
For example, if you could claim money from your landlord because they have:
harassed you
not protected your deposit
not done repairs that you reported
They will check with you if you want to delay and ask the judge if this can happen.
You or your adviser need to explain:
why you could not get advice before
what you did to try and find legal advice
A delay is called an 'adjournment'. You have to come back to court at a later date.
Last updated: 1 May 2026
