What happens at a possession hearing?

If your landlord has applied to the court for a possession order, you will receive a claim form and a notice of hearing. Below, we walk through what to expect on the day, what you can say, and what the court might decide. Understanding the process helps you prepare, and attending gives you a real chance to influence the outcome.

Key facts

• Ministry of Justice figures show landlords made 22,733 possession claims in the county courts of England and Wales in January to March 2026, with 6,888 repossessions carried out by county court bailiffs. Mortgage and landlord possession statistics, GOV.UK
• In the same quarter there were 16,848 possession orders and 10,172 warrants, each down on the same period a year earlier. Mortgage and landlord possession statistics, GOV.UK

Will there be a proper hearing?

For most possession cases brought by social landlords, there is a hearing at which both you and your landlord (or their solicitor) appear. For some private landlord cases, particularly accelerated possession claims under a section 21 notice, the judge can decide on paper without a hearing, although you can request one.

If you receive a hearing date, attend. Courts take non-attendance seriously, and a possession order is far more likely if you are not there.

Where does the hearing take place?

Possession hearings take place at the county court in your area. The address will be on the court papers. The hearing itself usually takes place in a judge's room (chambers) rather than a formal courtroom. The setting is less formal than you might expect, no wigs, no gowns, and you do not need to stand to speak.

Who will be there?

• The judge
• You (the tenant), you can also bring a friend or family member for support
• Your landlord, or their solicitor or legal representative
• A duty adviser from the Housing Loss Prevention Advice Service (HLPAS), available free of charge in almost all courts with possession lists

The Housing Loss Prevention Advice Service

HLPAS duty advisers are free legal advisers available at court on the day of a possession hearing. They can speak to you before the hearing, check your case, advise you on your options, and sometimes represent you in the hearing itself. Ask at the court reception when you arrive and say you need to speak to the duty adviser before your case is called.

See our guide: /help-centre/housing-court-duty-scheme-how-it-works.

What happens during the hearing?

The judge will read the papers and ask both sides to speak. You will be invited to say what you want the court to know. Key things you can raise:

If the claim is for rent arrears:

• What is the current state of the arrears (has any been paid down since the claim was issued)?
• Are you receiving benefits that are being processed or have recently been awarded?
• Have you made offers of a repayment plan?
• Has your landlord followed the pre-action protocol, contacted you early, offered to discuss, signposted you to debt advice?
• Does your home have disrepair that may give you a counterclaim against the arrears?

If the claim is for anti-social behaviour:

• Is the behaviour alleged accurate?
• Are there any mitigating circumstances?
• What steps have you taken to address the situation?

If the claim is on other grounds:

• Does the ground actually apply to your situation?
• Is the notice that was served valid?
• Is it reasonable for the court to make a possession order?

What can the court decide?

The court has several options depending on the grounds and circumstances:

Outright possession order: The court orders you to leave on a fixed date. This is most common for mandatory grounds where the court has no discretion.

Suspended possession order: The court makes a possession order but suspends it on conditions, most commonly that you pay the current rent plus an amount off the arrears. If you keep to the conditions, you can stay. If you miss a payment, the landlord can apply for a warrant of eviction.

Adjournment: The case is put off to a later date, usually to give you time to pay, to sort out benefits, or to seek legal advice.

Dismissal: The court dismisses the claim if the landlord has not made out the ground, the notice was defective, or there are other fatal flaws in the claim.

You are not required to leave until a warrant is executed

Even if the court makes a possession order, you are not required to leave on the date in the order until a bailiff's warrant of possession has been issued and executed. If the order is suspended, you can stay for as long as you meet the conditions.

Disrepair as a defence or counterclaim

If your home is in disrepair and your landlord is seeking possession for rent arrears, you may be able to use the disrepair as a counterclaim, arguing that the landlord's failure to repair effectively reduced the value of what you were getting in return for your rent. Get advice before the hearing.

See our guide: /help-centre/defending-section-8-ground-8-rent-arrears.

When should I contact Support for Tenants?

If you are facing possession proceedings and also live in housing disrepair, call us on 0800 030 4669.

No upfront cost. You only pay if you win, and the fee comes out of the compensation. If you don't win, you pay nothing.

Sources

• Civil Procedure Rules, Part 55 (possession claims) (justice.gov.uk)

Related articles

• Suspended possession order explained