What happens at a possession hearing
A possession hearing is part of the eviction process.
Check your court papers to find out:
the time and date of the hearing
where it will take place
how to get help from the court duty scheme
A judge decides if an eviction can go ahead. Sometimes they can let you stay in your home.
There may not be a possession hearing with a section 21 eviction.
Who should go to the hearing
You should always go to the hearing. Or let the court know if there's a very good reason why you cannot. For example, sudden and serious ill health.
You can bring an adviser or solicitor with you. You could also bring a friend or family member for support but they cannot speak to the judge for you.
Help from the court duty scheme
You can get free legal support from the county court duty scheme.
The duty adviser can:
give you legal advice
speak to the judge for you
Arrive 30 minutes before the hearing so you have time to speak to the duty adviser.
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 have 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
What happens during the hearing
The hearing will only last about 10 minutes.
A judge will look at the evidence from your landlord and from you before making a decision.
Your landlord's representative will speak first.
Then the judge will invite you or your adviser to respond. You should call them 'judge'.
Be polite and try not to interrupt. Keep your phone on silent.
What the judge can decide
The judge's decision could depend on:
your tenancy type
the notice your landlord gave you
The judge usually makes a decision at the hearing.
Private tenants
Find out what could happen if your landlord gave you a:
Housing association and council tenants
Find out what could happen if your landlord gave you notice because of:
Last updated: 27 August 2024
