%20.png)
Introduction – Turning up in court: a landlord’s jitters
If you’re heading to a possession hearing, nerves are normal. The outcome matters: it decides if and when you get your property back.
Not every case goes to a hearing, accelerated Section 21 claims can be decided “on the papers” if uncontested and the documentation is correct. Section 8 claims and contested matters, however, usually involve a hearing in the County Court.
Below is exactly what to expect at an eviction court hearing in England, how to prepare, what happens on the day, how to present your case, and what comes next.
Helpland has represented landlords in hundreds of hearings; this is practical, field-tested advice.
Before the hearing – preparing your case file
Documents to organise (bring 3 copies: judge, tenant, you)
- Tenancy agreement.
- Served notice (Form 3 for Section 8 / Form 6A for Section 21) and proof of service (e.g., Form N215).
- Rent statement updated to the hearing date.
- Relevant correspondence (e.g., arrears chasers, warnings).
Compliance documents (route-dependent):
- Section 21: evidence that the notice was Form 6A with at least 2 months’ notice, plus deposit protection & prescribed information, gas safety record, EPC, How to Rent guide, and any required property licence.
- Section 8: these specific preconditions don’t bar the claim, but tenants may raise counterclaims (e.g., deposit penalties or disrepair). Bring compliance evidence anyway to protect your position.
If Helpland is instructed, we compile a clear, indexed court pack on your behalf.
Evidence for your grounds
- Rent arrears: rent ledger, bank proof of payments/non-payments, message history.
- Damage/ASB: time-stamped photos, invoices, complaints logs, police or environmental health references.
- Section 21: full evidence of the prerequisites above (it’s how you defeat ‘technical’ defences).
Arriving at court – what happens first
- Arrive 30+ minutes early to clear security and check the day’s list.
- Possession hearings are usually held in the County Court; follow HMCTS signage and guidance.
- A duty adviser may assist the tenant (e.g., via the Housing Loss Prevention Advice Service). You might be invited to discuss mediation or a payment plan, only agree if it’s viable for you.
- Hearings are typically short and focused (often in a judge’s chambers or small courtroom).
Inside the courtroom – presenting your case
Who speaks and when
The landlord or their representative presents first (you’re the claimant), then the tenant responds. The judge will ask questions of both sides.
Stating your case clearly (sample script)
“Your Honour/Judge, I seek possession under Section 8, Ground 8 for rent arrears of £X over Y months. The notice (Form 3) and proof of service are at tabs A–B; the rent schedule is current to [date].”
Answering the judge’s questions
Expect the judge to check:
- Any payments since filing?
- Deposit protection & prescribed info served?
- Gas safety/EPC/How to Rent provided (relevant to Section 21 and often queried in Section 8 cases too)?
Be brief, factual, and courteous. If you don’t know an answer, say you’ll check the bundle; don’t guess.
Handling the tenant’s defence
- Disrepair: produce repair logs/communications; note that wholesale rent withholding isn’t compliant.
- Hardship: the judge may extend the possession date (see below), but be clear about your own costs and timeline.
- Notice defects: show your proof of service and compliance documents.
The outcome – possession order and next steps
Possible outcomes
- Outright possession order: usually 14 days to vacate, extendable up to 42 days for exceptional hardship.
- Suspended/postponed order: the tenant stays if they meet strict terms (e.g., current rent + weekly arrears payment). If they breach, you can enforce.
- Adjournment: if evidence is missing or a new issue needs resolving.
- Dismissal: rare where paperwork is correct; often due to defective notice or procedure.
If the tenant doesn’t leave: apply for County Court bailiffs (Form N325) or consider High Court Enforcement (HCEO) if appropriate.
Enforcement – bailiffs or High Court?
- County Court Bailiffs: request a warrant of possession (N325) or via PCOL where eligible.
- High Court Enforcement (HCEO): seek permission to transfer up under s.42 County Courts Act 1984 and apply for a writ of possession under CPR Part 83. This can be faster but is discretionary.
Pro tips for court (do’s and don’ts)
- Do dress smartly and be respectful.
- Do address the judge as Judge or Your Honour.
- Do bring a one-page note of key points.
- Don’t interrupt the judge or the tenant.
- Don’t get angry, let the documents speak.
- Do arrive with time to spare for security queues.
- Don’t raise irrelevant issues, focus on your legal grounds and evidence.
Conclusion – get support and approach with confidence
A possession hearing is a formal but manageable part of the process when you’re prepared and organised.
Helpland can:
- Draft the correct notice,
- Build a watertight court pack,
- Represent you in court, and
- Handle enforcement if needed.
Ready to feel confident on hearing day?
Talk to Helpland’s court representation team for fixed-fee support from notice to possession.
FAQs
Do all eviction cases require a hearing?
No. Accelerated Section 21 claims can be decided on paper if uncontested and the paperwork is correct.
How long will the tenant have to leave after an order?
Usually 14 days, extendable to 42 days for exceptional hardship.
What if the tenant won’t leave?
Apply for County Court bailiffs (N325) or explore High Court Enforcement (HCEO) where suitable.
