Types of hearing: directions hearing vs possession hearing
A directions hearing (case management) is listed for complex or contested claims � the judge reviews pleadings and gives directions; the landlord should attend but evidence is not typically given. The possession hearing (final hearing) is where evidence is given and the judge decides. Hearings are typically 5-10 minutes for straightforward uncontested rent arrears claims; 20-30 minutes or longer for contested cases.
Accelerated possession procedure removed by RRA 2025
The accelerated possession procedure was a paper-based procedure for Section 21 no-fault notices � if no defence was filed within 14 days, the court could grant possession without a hearing. Section 21 notices are abolished for new tenancies under the Renters' Rights Act 2025 (England). All new ground-based possession claims under Schedule 1 RRA 2025 are heard in open court. Wales: the accelerated procedure equivalent was similarly removed following RHWA 2016.
Preparing the evidence bundle
Prepare three identical copies of a chronological evidence bundle: (i) tenancy agreement; (ii) all notices (Section 8; any Section 21 for transitional cases); (iii) deposit protection certificate and prescribed information; (iv) gas safety certificates (current and historical); (v) EICR (satisfactory); (vi) evidence of service of the How to Rent guide (pre-1 May 2026 tenancies) or RRA Information Sheet; (vii) EPC; (viii) relevant correspondence and rent arrears schedule; (ix) any other ground-specific evidence (photographs for Ground 13; police reports for Ground 14; conviction evidence for Ground 7A).
Types of possession order: outright vs suspended
Outright possession order: possession from a fixed date � typically 14 days after the hearing (6 weeks for exceptional hardship). Landlord can apply for a warrant of possession if the tenant does not leave by the possession date. Suspended possession order (SPO): possession suspended while tenant complies with conditions (typically current rent plus arrears repayment). If the tenant breaches conditions even once, the landlord can apply for a warrant without a new hearing. Mandatory Ground 8 (two months' arrears at notice and hearing) requires an outright order � the court has no discretion.
Tenant defences and what happens after
Common defences: deposit not protected (or prescribed information not served) within 30 days; gas safety certificate not served; EICR not supplied; How to Rent not served; notice defective. Tenant may also counterclaim for disrepair (s.11 LTA 1985 � unmet repair obligations). Costs: �355 issue fee plus �110 hearing fee (PCOL); fixed solicitor costs under Part 45 CPR. After the possession order: apply for a warrant of possession (form N325) if the tenant does not leave by the possession date � enforced by County Court bailiffs.