County Court possession hearings are relatively informal. The judge asks questions; you confirm the facts. Provided your notice is correctly served and the arrears threshold is met, the judge must make a possession order on Ground 8. Courts are used to self-represented landlords — clear, factual evidence matters more than legal skill.
Should I use a solicitor or represent myself?
The cost of a solicitor for an undefended Section 8 possession hearing typically runs to £300–£700 plus VAT. On the small claims track (money claim under £10,000), solicitor costs are not recoverable from the losing tenant, so the cost falls entirely on you. For a straightforward rent arrears case where the tenant does not attend or does not file a credible defence, self-representation is entirely viable and can save significant money.
- Use a solicitor if: the tenant has filed a detailed defence, there are complex counterclaims (disrepair, unlawful eviction, discrimination), the arrears are close to the Ground 8 threshold and might fall below it at the hearing date, or you have concerns about the validity of your notice
- Self-represent if: the tenant has not filed a defence, the arrears are well above the Ground 8 threshold, your notice is correctly served on the prescribed LS-E-010 form, and you have clear evidence of service and a clean rent schedule
- Get advice before issuing: Even if you self-represent at the hearing, paying for a short solicitor review of your notice and claim before issuing can identify fatal defects early — much cheaper than losing the hearing
Preparing your case file
A well-organised case file is the litigant in person's main weapon. Judges appreciate clear, chronological evidence. Prepare two identical bundles (one for yourself, one for the judge — the tenant's copy is usually provided by the court or you give them a copy on arrival if they attend).
| Document | Why it matters | What to include |
|---|---|---|
| Section 8 Notice (LS-E-010) | The foundation of the claim — defects here lose the case | Completed notice, all grounds ticked, correct notice period calculated |
| Evidence of service | Judge checks notice was validly served | Certificate of posting / signed-for tracking / process server certificate + date |
| Tenancy agreement | Confirms rent, names, start date | All pages; highlight the rent clause |
| Rent schedule | Shows arrears at notice date and hearing date | Month-by-month table: rent due, rent paid, arrears running total |
| Pre-action letters | Demonstrates compliance with good practice | LS-E-012 pre-action letters, any email/text communication about arrears |
| N5 Claim form | The issued claim — confirms case number and claim details | Sealed copy returned by the court on issue |
Preparing your rent schedule
The rent schedule is the most important document at a rent arrears hearing. It must show clearly:
- The contractual rent per period
- Each rent period (e.g. 1 January to 31 January 2026)
- The amount paid in each period
- The arrears running total at each point
- The arrears figure at the date of the Section 8 Notice (must be at least two months for Ground 8)
- The arrears figure at the date of the hearing (must still be at least two months for Ground 8 to remain mandatory)
Ground 8 requires two months' rent arrears at both the date of the Section 8 Notice AND the date of the hearing. If the tenant pays off some arrears between notice and hearing and reduces the balance below two months, Ground 8 is no longer mandatory at that hearing. Always check your arrears figure on the morning of the hearing and update your schedule.
Arriving at court
- Arrive 30 minutes early to find the courtroom and check the daily list for your case number
- Report to the court usher or duty desk, give your name and case number
- Check whether the tenant is present — if not, you can proceed in their absence if service was valid
- If a duty solicitor or housing advisor is present and approaches the tenant, do not discuss your case with them
- Wait to be called; cases are often listed at the same time and heard in sequence
What to say and do in the hearing room
The hearing is held in a small court room or a judge's private room. The judge sits at a raised bench; you stand at a table facing them. The format is conversational — the judge drives the process.
- Opening: When called, confirm your name and that you are the claimant landlord (or agent). If you have a witness (e.g. a letting agent giving evidence on service), introduce them
- Grounds: State which grounds you are relying on — typically Ground 8 (two months' rent arrears) and/or Ground 8a (persistent arrears). If the tenant does not attend, briefly confirm the facts
- Arrears figure: State the arrears at the date of the notice and the current arrears at the hearing date. Hand up your rent schedule if the judge asks
- Notice and service: Confirm the notice date, the notice period given, and how it was served. Hand up your service evidence
- Relief sought: Ask for an outright possession order and, if applicable, a money judgment for the arrears and costs
If the tenant attends and defends
If the tenant is present and raises a defence, stay calm. Common tenant defences include: the notice is defective (wrong form, wrong notice period, wrong ground ticked); the arrears figure is wrong; the property has disrepair; or procedural issues with the claim. For guidance on handling a defended claim, see the Landlord Section 8 Defended Claim Guide 2026.
After the hearing — what the order means
- Outright possession order: The tenant must leave by a specific date (usually 14 or 28 days). If they do not leave, apply for a warrant of possession (court fee: £110)
- Suspended possession order (SPO): The tenant keeps possession provided they pay current rent plus an instalment off the arrears. If they breach the SPO, apply to the court to enforce it — you do not need a fresh Section 8 hearing
- Adjournment: If the judge is not satisfied with the evidence or needs more time, the hearing is adjourned to a later date. Use the time to strengthen your evidence
- Dismissal: If the claim fails (notice defective, arrears not met), you must serve a fresh Section 8 Notice on the correct prescribed form and re-issue
LetSafe UK documents for self-represented landlords
- Section 8 Notice (LS-E-010): The correct prescribed Section 8 Notice for England from 1 May 2026 — covers all 18 grounds, includes notice period guidance and a service checklist. Using the correct form is the most important step for a self-represented landlord
- Pre-Action Rent Arrears Letters (LS-E-012): Formal pre-action correspondence to the tenant about rent arrears — demonstrates compliance with pre-action protocols and strengthens your case at the hearing
- Periodic Assured Tenancy Agreement (LS-E-001): A well-drafted tenancy agreement makes your rent schedule easy to prepare and confirms the contractual rent, payment day, and tenant obligations