County Court Possession Hearing

Possession Hearing County Court UK 2026, Evidence Bundle, Suspended vs Outright Order, RRA 2025 and Tenant Defences

A county court possession hearing is the hearing at which a landlord asks a judge to grant a possession order. Covers: directions hearing (case management) vs possession hearing (final, evidence given; judge decides); evidence bundle preparation (tenancy agreement; all notices; deposit protection; gas safety; EICR; How to Rent; EPC; correspondence; rent arrears schedule); accelerated possession procedure removed (RRA 2025 England, all claims now in open court); outright possession order (14 days; 6 weeks exceptional hardship); suspended possession order (SPO, conditions; breach triggers warrant without new hearing); tenant defences (deposit; gas safety; EICR; How to Rent; disrepair counterclaim); reserved judgment; costs; warrant of possession.

10 min readUpdated 7 June 2026Last reviewed: 2 September 2026possessioncounty-courthearingevidence-bundle

Written and reviewed byRichard Wood· Founder, LetSafe UKLast reviewed: 2 September 2026

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: an accelerated paper route exists, Form N5B Wales can be used for undefended possession claims under s.173 and s.186 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 (three months (13 weeks) of 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: £415 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.

Primary sources

This page is drafted against the legislation below. Always check the current text of the law before acting.

Renters' Rights Act 2025 (legislation.gov.uk)
How to Rent guide (GOV.UK)

Frequently asked questions

What is the difference between a directions hearing and a possession hearing?+

A directions hearing (case management hearing) is typically listed for complex or contested claims, the judge reviews the pleadings and gives directions for the final hearing; evidence is not typically given. A possession hearing (final hearing) is where the judge hears evidence from both parties and decides whether to grant a possession order.

What should a landlord include in the evidence bundle?+

A chronological bundle: tenancy agreement; all notices served (Section 8; any Section 21 for transitional cases); deposit protection certificate and prescribed information; gas safety certificates; EICR; evidence of service of the How to Rent guide (pre-1 May 2026 tenancies) or RRA Information Sheet; EPC; relevant correspondence; rent arrears schedule (month-by-month statement of rent due vs paid vs balance). Prepare three identical copies: judge, tenant, and landlord.

What is a suspended possession order?+

A suspended possession order (SPO) grants possession but suspends enforcement while the tenant complies with conditions, typically paying current rent plus a fixed sum towards arrears. If the tenant breaches the conditions even once, the landlord can apply for a warrant of possession without a new hearing. Mandatory grounds (e.g., Ground 8, three months (13 weeks) of arrears) require an outright possession order; discretionary grounds allow suspension.

Is the accelerated possession procedure still available after RRA 2025?+

No. The accelerated possession procedure was only available for Section 21 notices, which are abolished for new tenancies under the Renters' Rights Act 2025 (England). All new possession claims under the RRA 2025 ground-based regime are heard in open court. For transitional Section 21 cases (notices served before commencement), the existing procedure continues to apply for a transitional period.

Templates recommended in this guide

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Hand-picked by topic overlap with this guide.

England, Housing Act 1988 Sch.2 Ground 14A, Social and Supported Housing Landlords Only, Discretionary Ground, 2-Week Notice, Form 3A

Section 8 Ground 14A: the Domestic Abuse Possession Ground (Social Landlords Only)

Ground 14A is a discretionary Section 8 possession ground for domestic abuse cases: one partner in a couple has left the dwelling because of violence or threats by the other and is unlikely to return. It has existed since the Housing Act 1996 and is available only to non-profit registered providers of social housing, registered social landlords and charitable housing trusts, not to private landlords. This guide explains the conditions, the 2-week notice period under the Renters' Rights Act 2025, the special service requirement, and what private landlords should use instead.

Landlord Rights

Guarantor Enforcement, How Landlords Enforce a Tenancy Guarantee

Tenancy guarantor enforcement: types of guarantee (unlimited, limited, joint and several, on-demand); serving a valid demand; limitation periods (12 years for deed; 6 years for simple contract); county court proceedings; AGA and LT(C)A 1995 s.17 notice trap for commercial landlords.

Scotland Only, Scottish PRT (Private Housing (Tenancies) (Scotland) Act 2016), Notice to Leave: Must Cite One of 18 Schedule 3 Grounds, No Section 21 in Scotland, All 18 Grounds Discretionary Since 1 October 2022 (Coronavirus (Recovery and Reform) (Scotland) Act 2022), Notice Periods (s.54(3)): 28 or 84 Days by Tenancy Length and Grounds Cited, Rent Arrears Pre-Action Requirements (SSI 2020/304), First-tier Tribunal (Housing and Property Chamber): Only Body That Can Issue an Eviction Order

Notice to Leave Scotland 2026: 18 PRT Grounds and Periods

In Scotland, a landlord cannot end a Private Residential Tenancy (PRT) without citing one of the 18 statutory grounds in Schedule 3 to the Private Housing (Tenancies) (Scotland) Act 2016. There is no equivalent of the English Section 21 no-fault notice in Scotland, and since 1 October 2022 every ground is discretionary: the First-tier Tribunal may grant an eviction order only where the ground is established AND it is reasonable to do so (the Coronavirus (Recovery and Reform) (Scotland) Act 2022 made this permanent). The 18 grounds are: 1 landlord intends to sell; 2 property to be sold by lender; 3 landlord intends to refurbish; 4 landlord intends to live in the property; 5 family member intends to live in it; 6 landlord intends to use it for non-residential purposes; 7 property required for religious purpose; 8 tenant no longer an employee; 9 tenant no longer needs supported accommodation; 10 tenant not occupying; 11 breach of tenancy agreement; 12 rent arrears over three or more consecutive months; 13 criminal behaviour; 14 anti-social behaviour; 15 association with a person who has a relevant conviction or has engaged in relevant anti-social behaviour; 16 landlord registration refused or revoked; 17 HMO licence revoked; 18 overcrowding statutory notice. Notice periods (s.54(3)): 28 days where the tenant has occupied for 6 months or less OR only grounds 10 to 15 are cited; 84 days otherwise. Rent arrears pre-action requirements (Rent Arrears Pre-Action Requirements (Coronavirus) (Scotland) Regulations 2020, SSI 2020/304, made permanent by the 2022 Act) apply to the Ground 12 arrears ground. First-tier Tribunal (Housing and Property Chamber): sole body with power to issue an Eviction Order for a Scottish PRT.

England, Periodic Assured Tenancy, Notice to Quit, Section 8

Periodic Tenancy Notice to Quit, Landlord Guide UK 2026