A possession hearing coming up, with no solicitor? The housing court duty scheme gives free advice, and can speak for you in court on the day. Here is how it
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A possession hearing coming up, with no solicitor? The housing court duty scheme gives free advice, and can speak for you in court on the day. Here is how it works.
What is the housing court duty scheme?
The scheme gives tenants facing possession free legal advice, and a voice, at county court. Some call it the duty adviser or duty solicitor scheme.
Legal aid providers and advice agencies run it at courts across England and Wales. On hearing day, an adviser or solicitor usually sits at the court, ready to talk before your case gets called.
What can the duty adviser help with?
On the day, a duty adviser can:
- Look at your case and spot problems with the notice or claim
- Say whether a defence exists
- Talk to the landlord's solicitor and try for a deal
- Speak for you in front of the judge
- Help you ask for more time, an adjournment
- Explain what a possession order means, and your options
The adviser can also spot a disrepair counterclaim. That can change the hearing's outcome.
Is it free?
Yes. Legal aid pays for it, and it costs you nothing, whatever your income. No means test is needed on the day.
Where is it available?
The scheme runs at county courts handling possession cases. Not every court holds it, and days vary. To check yours:
- Ring the court and ask whether a duty adviser sits there on your hearing day
- Ask a local Citizens Advice, law centre, or housing charity
- Check with Shelter or a local legal aid solicitor
What should I do on the day?
Get to court early: an hour before the hearing is ideal. On arrival:
- Tell the court staff you are the tenant, and ask whether a duty adviser is in
- Look for a desk or notice about the scheme at the entrance
- Speak to the adviser as early as you can, giving them time to read your case
Bring:
- Any notice you got: a Section 8, or an older pre-abolition Section 21
- Your tenancy agreement
- Letters or emails with the landlord about repairs or other issues
- Proof the deposit was protected, and any papers the landlord should have given you
What if there is no duty adviser?
No duty adviser at your court that day? You can still:
- Ask the staff to call your case last, buying more time
- Ask the judge for more time to get advice
- Speak for yourself. The judge keeps in mind that no lawyer stands with you.
A hearing coming up with no advice in reach means a law centre, Citizens Advice, or a housing charity, straight away.
Disrepair and possession hearings
Is the landlord chasing eviction while the home carries disrepair? The duty adviser can help raise it, as a counterclaim or as part of the case. Disrepair may stop no order. But it can change the outcome: a delayed order, or compensation.
When should I contact Support for Tenants?
Disrepair the landlord will not fix? Call us on 0800 030 4669. We can say whether a claim stands, even beside a possession case.
No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.
Sources
- Legal Aid, Sentencing and Punishment of Offenders Act 2012 (legislation.gov.uk)
- Civil Procedure Rules, Part 55 (possession claims) (justice.gov.uk)
Related articles
We review every guide at least twice a year and update it when the law changes. If you spot something out of date or wrong, email help@supportfortenants.co.uk.
Reviewed against current housing law for England and Wales as at 15 June 2026. Checked by our SRA-regulated panel solicitors. This is general information, not legal advice for your specific case. Any compensation figures or ranges shown are illustrative only, not a promise; every case is different.
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