Possession hearings can feel like a daunting experience. Whether you're a landlord or a tenant, understanding what happens at a hearing can help both parties feel more prepared. In this guide, we explain the process, who needs to attend, what happens, and what a judge can decide. With the right information, you’ll feel more confident and ready for the day.
What is a possession hearing?
A possession hearing is a court proceeding where a landlord seeks a legal order to regain possession of their property. This often happens when a tenant fails to vacate after a notice period or breaches the terms of their tenancy agreement. The hearing provides an opportunity for both parties - landlords and tenants - to present their side of the case, including evidence and arguments, before the judge makes a decision. Common reasons for possession hearings include:
Rent arrears: When a tenant owes a significant amount of unpaid rent.
Anti-social behaviour: Cases where a tenant is disruptive to neighbours or damaging the property.
End of tenancy refusal: If a tenant remains in the property after a notice period expires.
Who needs to go to the hearing?
Landlords: Landlords (or their representatives, like a landlord solicitor) are usually required to attend the hearing. Their attendance is necessary to explain why they are seeking possession of the property and provide supporting evidence.
Tenants: Tenants are encouraged to attend the hearing as well, as it’s their chance to explain their side of the story. If they fail to appear, the judge may proceed with the landlord’s case and make a decision in their absence.
Legal representatives: Both landlords and tenants can bring legal representation, such as a solicitor, to help present their case. However, legal aid may be available for tenants in some circumstances.
Other parties: In some cases, additional parties may need to attend. For example, guarantors might be asked to attend if they’ve guaranteed rent payments and the case involves arrears.
What happens during the possession hearing?
Here’s what to expect during the hearing process:
1. Opening the hearing
The possession hearing begins with the judge introducing the case. They will confirm the identities of both the landlord and tenant (or their representatives) and ensure all parties understand the purpose of the hearing. The judge may also outline how the hearing will proceed, so everyone knows what to expect.
If the landlord does not attend: The judge might adjourn the case or dismiss it altogether, especially if no valid reason is given for their absence.
If the tenant does not attend: The hearing may proceed in their absence, and the judge could issue a possession order in favour of the landlord.
2. Landlord’s presentation of the case
The landlord or their legal representative will present their case first. They are responsible for explaining why they are seeking possession of the property and providing evidence to support their claim. The landlord must provide:
Details of the tenancy agreement: The landlord may highlight clauses the tenant has breached, such as non-payment of rent or failure to maintain the property.
Evidence of notices served: This includes proof that the correct eviction notice was issued (e.g. Section 21 or Section 8 notice) and that the tenant was given adequate notice as per legal requirements.
Supporting documents: These might include rent arrears records, photographs of property damage, or copies of complaints about antisocial behaviour.
3. Tenant’s defence
Once the landlord has presented their case, the tenant is given the opportunity to respond. This is the tenant’s chance to defend themselves. The tenant might argue:
Incorrect procedure: The tenant could claim that the landlord did not follow the correct legal process, such as serving an invalid notice or failing to give sufficient notice.
Disputing claims: For example, the tenant may provide proof that rent arrears have been paid or that alleged antisocial behaviour is unfounded.
Personal circumstances: The tenant might present evidence of financial or personal difficulties, such as illness, job loss, or family emergencies, to explain their situation.
4. Questions from the judge
The judge plays a neutral role and may ask questions to clarify points raised by either party. Their aim is to understand the facts of the case and assess the validity of the landlord’s claim and the tenant’s defence.
5. Mediation and resolution attempts
In some cases, the judge may encourage both parties to resolve the dispute amicably. This could involve:
The landlord agreeing to allow the tenant more time to vacate the property.
The tenant committing to a repayment plan for rent arrears.
While not always possible, these resolutions can help avoid further legal action and reduce stress for both parties.
6. The judge’s decision
After reviewing the case, the judge may make one of several decisions. The main outcome is typically a possession order:
Grant an outright possession order: The tenant must leave the property by a specific date, often 14 or 28 days after the hearing.
Grant a suspended possession order: With a suspended possession order, the tenant can remain in the property, provided they meet specific conditions, such as paying off rent arrears in instalments or stopping antisocial behaviour.
Adjourn the case: The hearing might be postponed to give either party more time to provide evidence or resolve the issue.
Dismiss the case: If the judge finds that the landlord’s claims are invalid, the case may be dismissed. For example, this could happen if the eviction notice wasn’t served correctly.
What happens after the hearing?
After the hearing, both parties must comply with the judge’s decision. If the tenant fails to leave the property by the date specified in the possession order, the landlord can apply for enforcement through County Court bailiffs or High Court Enforcement Officers.
For tenants, it’s important to understand that ignoring a possession order can lead to further legal action, additional costs, and forced eviction. Seeking advice early from organisations like Citizens Advice or Shelter can help tenants navigate their options.
Checklist of what to bring to the hearing
For landlords:
The original or a copy of the tenancy agreement.
Copies of any served eviction notices (e.g. Section 21 or Section 8 notices).
Proof of delivery for eviction notices (e.g. a certificate of posting or email confirmation).
Evidence of breaches, such as unpaid rent records, damage reports, or antisocial behaviour complaints.
For tenants:
Proof of rent payments (if the landlord’s claim involves arrears).
Correspondence with the landlord, including any attempts to resolve the issue.
Evidence of mitigating circumstances, such as medical or financial hardship.
Legal or financial documents supporting their defence.
Both parties should also bring identification and any legal documents relating to the case.
💡Editor's insight: "From April to June 2024 alone, there were 18,436 orders for possession in the UK - an increase of 15% on the previous year according to Gov.UK."
FAQs
Does a landlord have to attend a possession hearing?
In most cases, landlords or their representatives are expected to attend. If they fail to appear, the case could be dismissed or adjourned.
How long do possession hearings last?
Most possession hearings are relatively brief, lasting between 15 and 30 minutes. However, complex cases may take longer. You can learn more about how long a possession order takes in our full guide.
How can you prepare for a possession hearing?
Preparation is key for both landlords and tenants. Gather all relevant documents, seek legal advice if necessary, and be ready to present your case clearly and calmly.
What is the process of a possession order?
The process typically begins with the landlord serving an eviction notice, followed by applying for a possession order if the tenant doesn’t leave. After the hearing, the landlord can enforce the order if the tenant still refuses to vacate.
Final thoughts
Possession hearings are an important part of the legal process for landlords seeking to regain their property. By understanding what happens during a possession hearing, both parties can feel more confident and prepared. Whether you’re a landlord or tenant, gathering the right evidence, knowing your rights, and seeking legal advice can help ensure a fair and efficient resolution.
References
Possession order process from Gov.UK
