County Court Possession Hearing

Possession Hearing County Court UK, What to Expect

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 protection; defective notice; disrepair counterclaim); reserved judgment; costs; warrant of possession.

10 min readUpdated 28 September 2026Last reviewed: 28 September 2026 by Richard Wood, Founderpossessioncounty-courthearingevidence-bundle

Written and reviewed byRichard Wood· Founder, LetSafe UKLast reviewed: 28 September 2026

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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 was abolished for all assured tenancies in England on 1 May 2026 under the Renters' Rights Act 2025. All ground-based possession claims under Schedule 2 to the Housing Act 1988 (as amended) 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 (a bar to a possession order on every ground except Grounds 7A and 14 until put right); notice defective. Gas safety, EPC and How to Rent failures were Section 21 conditions and do not bar a Section 8 order. 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.

Housing Act 1988, Schedule 2 (grounds for possession) (legislation.gov.uk)
Renters' Rights Act 2025 (legislation.gov.uk)
Housing Act 1988 (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 were abolished for all assured tenancies in England on 1 May 2026 under the Renters' Rights Act 2025. All new possession claims under the RRA 2025 ground-based regime are heard in open court. Section 21 notices served before 1 May 2026 could be relied on only if proceedings were issued within 6 months of the notice or by 31 July 2026, whichever was earlier, and that window has now closed.

What defences can a tenant raise at a possession hearing?+

Common tenant defences include: deposit not protected or prescribed information not served (the court cannot make a possession order on any ground except Grounds 7A and 14 until this is put right, which can be done by late compliance or by returning the deposit); Section 8 notice defective (incorrect form; incorrect date; incorrect grounds). Failures over the gas safety certificate, EPC or How to Rent guide were Section 21 conditions and do not bar a Section 8 possession order. The tenant may also raise a counterclaim for housing disrepair (s.11 LTA 1985, repair obligations not met), which can be set off against rent arrears or result in damages. Landlords should ensure all compliance documentation is in the evidence bundle to counter these defences.

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Templates recommended in this guide

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