What happens at a possession hearing?

A landlord applying to court for possession means a claim form and a hearing notice reach you. Here is what to expect on the day, what you can say, and what the court might decide. Knowing the process helps you prepare. Attending gives you a real chance to shape 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?

Most social landlord possession cases carry a hearing, with you and the landlord, or their solicitor, both there. Some older private cases run differently: accelerated claims built on pre-abolition Section 21 notices, still working through the courts, can be decided on paper without a hearing, though you can request one.

Received a hearing date? Attend. Courts take absence seriously, and an order comes far more likely with you missing.

Where does the hearing take place?

Hearings run at your area's county court, the address on the papers. The hearing itself usually happens in a judge's room, chambers, not a formal courtroom. The setting runs less formal than you might expect. No wigs, no gowns, no standing to speak.

Who will be there?

• The judge
• You, the tenant. A friend or family member can come for support
• Your landlord, or their solicitor
• A duty adviser from the Housing Loss Prevention Advice Service, free in almost every court running possession lists

The Housing Loss Prevention Advice Service

The duty advisers are free legal advisers at court on hearing day. They can speak to you first, check your case, advise on options, and sometimes speak for you in the hearing itself. Ask at reception when you arrive, and say you need the duty adviser before your case gets called.

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

What happens during the hearing?

The judge reads the papers and asks both sides to speak. You get invited to say what you want the court to know. Key things to raise:

A rent arrears claim:

• Where do the arrears stand now? Has any been paid down since the claim was issued?
• Are benefits being processed, or freshly awarded?
• Have repayment plan offers been made?
• Did the landlord follow the pre-action protocol: early contact, offers to talk, debt advice signposted?
• Does the home carry disrepair that may found a counterclaim against the arrears?

An anti-social behaviour claim:

• Is the alleged behaviour accurate?
• Do mitigating circumstances exist?
• What steps have you taken to deal with it?

Other grounds:

• Does the ground truly fit your situation?
• Was the served notice valid?
• Would a possession order be reasonable?

What can the court decide?

The court holds several options, following the grounds and circumstances:

Outright possession order: leave by a fixed date. Most common on mandatory grounds, where the court holds no discretion.

Suspended possession order: an order made but held back on conditions, most commonly current rent plus an amount off the arrears. Keep the conditions and you stay. Miss a payment and the landlord can seek an eviction warrant.

Adjournment: the case moved to a later date, usually giving time to pay, sort benefits, or find legal advice.

Dismissal: the claim thrown out where the ground fails, the notice ran defective, or other fatal flaws sit in the claim.

You are not required to leave until a warrant is executed

Even after a possession order, leaving on the order's date is not forced until a bailiff's warrant gets issued and carried out. A suspended order lets you stay for as long as the conditions hold.

Disrepair as a defence or counterclaim

A home in disrepair, with possession sought over arrears, may support a counterclaim. The argument: the landlord's failure to repair cut the value of what your rent bought. Get advice before the hearing.

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

When should I contact Support for Tenants?

Facing possession while living in disrepair? Call us on 0800 030 4669.

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

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

Related articles

• Suspended possession order explained