The Judges' Decision +

Where the Judge is satisfied the application for possession complies with the correct legal process, possession is granted. Possession orders are dated 14 or 28 days from issue date but Judges can allow 42 days if they feel the eviction will create unnecessary hardship.

Section 8 Notice applications - If the judge is not happy with the landlord's case, or if he thinks there may be a valid defence, he will make a determination that there is not sufficient time to hear the case today and is likely to adjourn the case for a further hearing. This is why preparation and organisation is critical so one minimises this outcome.

Section 21 Court Decision Section 8 Court Decision
 
Provided satisfied the Landlords evidence (documentation is valid) the judge has no choice but to grant possession. This is a postal process
 
Worse case Where the Section 21 Notice, proof of service or component of the N5B application for possession is not valid, the application MUST be denied (struck out as invalid). The invalid component must then be remedied prior to another application being made.
 
BEST CASE
All paper work in order no court hearing. Possession order granted by post 14 days.

 
 
 
 
Rent arrears – Should at the date of the court hearing the tenant has reduced the arrears below two months, the landlord should consider asking the judge to adjourn the case indefinitely, as they are unlikely to secure possession on grounds 10 & 11 in isolation. Call Help line if required

If rent arrears still over two months at hearing date  Provided the Judge is satisfied the Landlords evidence (documentation is valid) the judge can grant a possession order, suspend possession or deny possession.

Worse case counter claim  the Judge grants a multi track case and date is set for a court hearing to listen to the tenant's case against the landlord. This can become an expensive affair. Typically the landlord cannot withdraw and pursue the alternative Section 21 route.

BEST CASE

All paper work in order. Tenant does not attend the court hearing. Possession and money order [for rent arrears] granted and tenant notified they have 14 days to vacate.