Court Hearing & Outcomes

The hearing usually takes place in a private room with the judge. Provided they are satisfied you have followed the correct legal process, possession should be awarded.

There should NEVER be a hearing for Section 21 this is Possession by Post

If you have relied on the Section 21 Notice and been notified of a court hearing, it is more than likely there is a problem with your application or the Judge considers the tenant has a valid defence. You must check your application documents immediately.

Check Section 21- Evidence used when you applied with the Section 21 route
Qualify you are entitled to use the Section 21 process
Check form Court Application Section 21
Successful application see confirmation of Possession Order Section 21

There will ALWAYS be a court hearing for an application for breach of tenancy (Section 8 Notice)

If you are evicting your Tenant for a breach of tenancy such as rent arrears, damage, nuisance, the tenancy being granted for you were deceived [Ground17 ] a court hearing is mandatory.

Preparation Landlords Evidence
Tenants Defences Delaying Tactics
The Judges Decision
Confirmation of Possession Order after hearing
Appeal and setting aside a possession order
Suspended Orders
Tenant breach Not rent
Possession On-line Arrears
Important note Deposit Disputes - if you are also seeking monies to be released that are held by a Deposit scheme. The court order must include the following text

Do it yourself or use a solicitor?

The Landlord or their legal representative must attend the possession hearing, irrespective of whether the Tenant attends or not. If you appoint a Solicitor, irrespective of what you are charged, a Judge will typically grant no more than £300 in costs.

The law is very precise you will only obtain a possession order for a breach of tenancy once a Judge is satisfied that the breach is of such significance that it warrants the Tenant losing their home [possession of the dwelling].

As the claimant, the Landlord or their legal representative must ALWAYS attend the court. The process is not complicated and designed for Landlords to do themselves- who knows the facts about the Tenants conduct better than you do.