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What the court hearing will be like

You may be nervous about going to court but many people don’t find it as intimidating as they thought. Possession hearings are usually held in the county court and take place in a room that looks like an office called the judge’s ‘chambers’. The judge will wear a suit rather than the robes you often see worn in court cases on television.

Getting advice before going to the hearing

You must contact one of the organisations providing debt advice and get legal help before going to the hearing if you haven’t done so already. You can find a legal adviser from the Community Legal Advice website.

• Rent arrears – help and advice (money, tax and benefits section)

• Find a legal adviser – Community Legal Advice Opens new window

Getting advice on the day of the hearing

If you haven’t got help before, you could get free and independent legal advice on the day of the hearing. Find out how to get this advice by following the link below.

• Housing advice – how to get free help in court

Arriving at the court building

When you arrive at the court building with all the paperwork you need, you’ll be shown to the waiting room by security or reception staff. There will be a court usher in the waiting room who is there to take you from the waiting room to the judge’s chambers. You should tell the usher you have arrived. If you need to leave the waiting room, tell the usher just in case you are called for your hearing while you are away.

Keep talking to your landlord

Your landlord may send someone to represent them at the hearing. If you can, speak to your landlord’s representative in the waiting room before your case. You may come to an agreement that you can afford and your lender agrees with. Be realistic about what you agree. You may still risk losing your home if you agree to make payments that you can’t afford later on.

What to do if you come to an agreement with the lender

If you come to an agreement with your landlord’s representative, make sure you go into the hearing and tell the judge what has been agreed.

Video: When you arrive for your hearing

Watch a video that shows what you should do when you arrive for your hearing.

• Video: when you arrive for your hearing

The hearing – what the judge may ask

Usually court hearings for possession don’t last long. When you go into chambers, the judge should explain what will happen during the hearing. If you don’t understand what’s happening, ask the judge.

Depending on what kind of tenancy you have, the judge may ask different questions, including:

• why you are in arrears
• if you have you tried to find a solution with your landlord
• what your financial situation is now
• how much you can pay towards arrears
• if there are special reasons why you may need more time to move into a new property (like looking after an ill relative at home)
  

The judge's decision

Towards the end of the hearing the judge will usually make a decision on what should happen next. The judge could:

• make an ‘order’, which is a legal decision on what will happen
• adjourn the hearing, which means the judge feels a decision can’t be made on the day and the hearing should be delayed until later
• dismiss the court case, which means no order will be made and the hearing is finished

The judge will dismiss the case if there is no reason why you should be evicted. This might happen if:

• your landlord has not followed the correct procedure for bringing the case to court
• your landlord or their representative does not attend the hearing
• the rent arrears have already been paid to the landlord

If the judge dismisses the case, you have the right to stay in your home. If the landlord wants to evict you, they will have to restart the court process from the beginning.

Orders relating to repossession of your home

There are different kinds of orders a judge can make:

• order for possession (sometimes known as an ‘outright’ possession order)
• suspended order for possession
• money order
• possession order with a money judgement

See ‘Rent arrears – what the judge can decide’ to find out what these orders mean.

• Rent arrears - what the judge can decide

Rent arrears – find out more

• Tenants and lodgers in arrears - what happens

• Preparing to go to court for rent arrears

• Rent arrears - what happens after a hearing and what you should do

• Appealing against a judge's decision on rent arrears