What happens at a possession hearing

A possession hearing is the court hearing, fixed when your claim is issued, where a judge decides whether to give you a possession order. It is at least 28 days after the claim is issued and normally within 8 weeks. You need to attend with arrears figures updated to that day, proof that you served the notice and, if you took a deposit, proof that it was protected. Otherwise the judge may adjourn or dismiss the claim.

When is the possession hearing?

Under CPR 55.5 the court fixes the hearing date when it issues the claim:

• the hearing is not less than 28 days after issue;
• the standard period is not more than 8 weeks;
• the tenant must be served at least 21 days before the hearing.

The tenant receives a defence form (N11R) with the claim, but doesn't have to return it. Possession claims have no acknowledgment of service and no default judgment, so the hearing goes ahead whether or not the tenant replies. A tenant who files no defence can still take part on the day; the court may take that into account on costs.

In April to June 2026, the median time from claim to order for private landlords' standard claims was 8.0 weeks (Ministry of Justice, provisional; most of those claims rested on notices served before 1 May 2026). See the possession claim timeline.

What to bring to the hearing

Use this checklist the week before:

• An updated rent schedule. Practice Direction 55A says arrears figures should be brought up to date to the hearing date.
• Proof of service of your notice: an N215 certificate of service or your endorsed copy of the notice.
• A certificate of service of the claim, if you served the claim form and particulars rather than the court. CPR 55.8(6) requires it.
• Deposit evidence, if you took a deposit: that it is protected, that you are following the scheme rules, and that you gave the prescribed information. Or proof that you returned it.
• Copies of the tenancy agreement, the Form 3A notice and your claim forms.
• Evidence for each ground, such as bank statements for arrears or photos for damage.
• Witness statements, if you rely on any. They must be filed and served at least 2 days before the hearing (CPR 55.8(4)).

Watch out: if you took a deposit and can't show it was protected and the prescribed information given, the court cannot make a possession order on most grounds. Only Grounds 7A and 14 are exempt. Returning the deposit in full, or with agreed deductions, lifts the bar.

How the judge decides the possession hearing

The judge either decides the claim on the day or gives case management directions. If the claim is "genuinely disputed on grounds which appear to be substantial", it is allocated to a track and set down for a fuller hearing later. See if the tenant defends the possession claim.

What the judge has to be satisfied of depends on the ground. Our guide to mandatory and discretionary grounds explains the difference in detail.

Mandatory grounds, such as Ground 8

If a mandatory ground is proved, the court must make a possession order (Housing Act 1988, s.7(3)), subject to the deposit rules and any human rights defence. For Ground 8, the arrears must be at least 3 months' rent (monthly) or 13 weeks' rent (weekly or fortnightly) both when you served the notice and on the day of the hearing. Arrears unpaid only because a Universal Credit housing payment hadn't reached the tenant are ignored.

If the tenant pays enough before the hearing to drop below the threshold, Ground 8 fails. Shelter also says that for notices served from 1 May 2026, the court might adjourn where there is a real question about whether the arrears will be cleared.

Discretionary grounds, such as Grounds 10 and 11

The court may make an order only if the ground is proved and it considers it reasonable (s.7(4)). Commentary from Shelter and the NRLA lists the kinds of things judges weigh: the amount, history and cause of the arrears, any payment proposals, whether the problem is new, your own conduct and any support you offered, the effect on the household, and any counterclaim.

Worked example

Your tenant pays £950 a month, so the Ground 8 threshold is £2,850. You served a Form 3A notice on Grounds 8, 10 and 11 when £3,000 was owed. By the hearing the arrears have grown to £4,900, but the tenant pays £2,100 that morning, leaving £2,800.

• Ground 8 fails: £2,800 is below £2,850 on the hearing day.
• Ground 10 is still available: rent was in arrears when you served the notice and was still unpaid when you issued the claim.
• Ground 11 may help if the payment history shows persistent late payment.

The judge now decides whether an order is reasonable. A suspended order on payment terms is a common result. This is why landlords plead Grounds 8, 10 and 11 together.

Possible outcomes

Outcome	What it means for you
Outright possession order	The tenant must leave by a set date: normally within 14 days on a mandatory ground, or up to 6 weeks for exceptional hardship
Suspended possession order	The tenant stays while keeping to conditions, usually rent plus a sum off the arrears; if they break them, you can apply for a warrant
Money order	A judgment for the arrears, court fees and costs, with or without possession
Adjournment	The case is put off, sometimes with directions for evidence
Dismissal	The claim ends, for example if the process wasn't followed, you didn't attend, or the arrears were paid; costs may go against you

Each type of order is explained in possession orders: outright, suspended and what comes next.

Why landlords lose at the hearing

• Not attending. The claim can be dismissed, with costs against you.
• The tenant has paid, for an arrears-only claim.
• No deposit evidence, or the deposit wasn't protected.
• A defective notice: wrong form, missing ground wording, a date too early, or a joint tenant not named.
• No proper rent schedule, or one not updated to the hearing date.
• Arrears below the Ground 8 threshold with no discretionary grounds pleaded.

After the hearing

If the judge makes an order and the tenant doesn't comply, you can apply for a warrant of possession. If you think the judge got it wrong, you need permission to appeal, and the appellant's notice must be filed within 21 days.

What to do next

If you haven't filed yet, the possession court pack prepares N5, N119 and the rent schedule for you to sign and file. Read the N119 guide to make sure your particulars are complete, and go back to possession claims for the full process.