What Happens at a Possession Hearing - England Guide 2026

If your tenant hasn't left after you served notice, the next step is court. Many landlords feel anxious about attending a possession hearing—it's unfamiliar territory with formal procedures and legal terminology. This guide explains exactly what happens, how to prepare, and what to expect so you can approach your hearing with confidence.

Before the Hearing

Preparation is key to a successful possession hearing. In the weeks before your court date:

Review Your Documentation

Gather and organise all relevant documents:

• Original tenancy agreement (signed by all parties)
• Copy of the notice you served (Section 21 or Section 8)
• Proof of service (certificate of service, recorded delivery receipt, photos)
• For Section 21: Gas Safety Certificate, EPC, How to Rent guide, deposit protection proof
• For Section 8: Evidence supporting your grounds (rent statements, photos, letters)
• Any correspondence with the tenant
• Copy of your court application (N5/N5B) and particulars of claim

Check for Tenant Defence

The tenant may file a defence challenging your claim. You'll receive this from the court before the hearing. Read it carefully and prepare responses to any points raised. Common defences include:

• Claiming the notice wasn't served correctly
• Disputing the amount of rent arrears
• Arguing the deposit wasn't protected
• Claiming you haven't complied with legal requirements

Prepare Your Witness Statement

For Section 8 claims particularly, you may need to present evidence. Write a clear, chronological witness statement covering:

• When the tenancy started
• What the breach/problem is
• When you became aware of it
• What steps you took to resolve it
• Why you're seeking possession

Bring Copies

Bring three copies of all documents: one for you, one for the judge, and one for the tenant (if they attend). Organise them in a logical order, ideally in a ring binder with numbered tabs.

Arriving at Court

Allow Extra Time

Arrive at least 30-45 minutes early. You'll need to:

• Find parking or navigate public transport
• Pass through security screening (like airport security)
• Locate the correct courtroom or hearing room
• Check in with court staff

What to Bring

• All your documentation (organised with copies)
• Photo ID
• Your court notice showing date, time, and case number
• Pen and notepad
• Water (hearings can run late)

Dress Code

While there's no strict dress code, smart-casual or business attire shows respect for the court. Avoid very casual clothing, hats, or anything with offensive slogans. You don't need a suit, but look presentable.

Check In

Find the court usher or the listing board showing that day's cases. Let them know you've arrived. They'll tell you which room to wait in or when you'll be called.

The Hearing Process

Where Hearings Take Place

Possession hearings are usually held in the county court covering the property's location. The setting varies:

• Courtroom: Formal setting with the judge on a raised bench
• Chambers: Smaller room with the judge at a desk (more informal)
• Video/telephone: Remote hearings became common after 2020 and continue for some cases

Who Will Be There

• District Judge or Deputy District Judge: Makes the decision
• You (the landlord/claimant): Or your representative
• The tenant (defendant): If they choose to attend
• Possibly: Legal representatives for either side, support workers for the tenant

Section 21 Hearings (Accelerated Procedure)

If you used the accelerated possession procedure (Form N5B), there's often no hearing at all. The judge reviews papers and makes a decision. A hearing only happens if:

• The tenant files a defence
• The judge has questions or concerns
• There's a dispute about the paperwork

Standard Possession Hearings

For Section 8 claims or contested Section 21 claims, hearings typically last 15-30 minutes (though complex cases take longer). The process follows this pattern:

1. Judge introduces the case and confirms who's present
2. You (or your representative) present your case
3. The tenant (if present) responds or presents their defence
4. Judge asks questions to clarify points
5. Judge makes a decision (or reserves judgment for later)

What the Judge Will Ask

Judges vary in their approach, but common questions include:

For Section 21 Claims

• Can you confirm the tenancy started on [date] and is an AST?
• Was the notice served correctly? How was it served?
• Did you provide the prescribed information (gas certificate, EPC, How to Rent)?
• Was the deposit protected within the required timeframe?
• Is the notice in the correct form (Form 6A)?

For Section 8 Claims

• Which grounds are you relying on?
• What evidence do you have for each ground?
• For rent arrears: What is owed? Is the tenant still in arrears?
• For antisocial behaviour: What incidents occurred? Do you have evidence?
• Did you serve the notice correctly?
• Is it reasonable to grant possession?

Responding to Questions

When answering the judge:

• Address them as "Sir" or "Madam" (or "Your Honour" for circuit judges)
• Stand when speaking unless told otherwise
• Answer clearly and directly
• Refer to specific documents if relevant ("As shown in tab 3, the rent statement...")
• Don't argue with the judge—answer questions factually

Possible Outcomes

Outright Possession Order

The judge orders the tenant to leave by a specific date (usually 14 days for Section 21, though can be extended to 42 days in cases of exceptional hardship). This is the outcome you want.

Suspended Possession Order

Common in Section 8 rent arrears cases. The tenant can stay provided they comply with conditions—typically paying current rent plus an amount towards arrears. If they breach conditions, you can apply for a bailiff warrant without another hearing.

Postponed Possession Order

Similar to suspended orders but with a fixed future date. If the tenant doesn't comply with conditions, possession takes effect on that date.

Adjournment

The judge postpones the hearing to another date. This happens if:

• More evidence is needed
• A party needs legal advice
• There's not enough time to hear the case properly
• Settlement discussions are ongoing

Case Dismissed

The judge rejects your claim. This might happen if:

• The notice was defective
• You didn't comply with legal requirements
• For discretionary grounds, it's not reasonable to evict
• You can't prove your case

After the Hearing

If You Get a Possession Order

The order will specify the date by which the tenant must leave. Most tenants leave once they have a court order. If they don't:

1. Wait until the date in the order passes
2. Apply for a warrant of possession (Form N325)
3. Court issues warrant to bailiffs
4. Bailiffs schedule eviction date (usually 2-4 weeks later)
5. Bailiffs physically remove tenant if necessary

If You Get a Suspended Order

Monitor whether the tenant complies with conditions. Keep records of all payments received. If they breach conditions, you can apply for a bailiff warrant—but the tenant can apply to have the warrant suspended, so keep good records.

If Your Case Is Adjourned

Note what the judge wants before the next hearing. Gather any additional evidence or documentation required. The court will send you a new hearing date.

Possession Hearing FAQ