Landlord Possession Hearing UK 2026 — County Court Process, Evidence Bundle Preparation, Suspended vs Outright Possession Order and Renters Rights Act 2025

The possession hearing process, evidence bundle, types of possession order and what happens after

The complete guide to attending and preparing for a county court possession hearing in England and Wales:

• Types of hearing, the possession process under RRA 2025 and preparing the evidence bundle: Types of county court hearing in possession proceedings: (a) DIRECTIONS HEARING (case management hearing): typically listed where the claim is contested or complex — the judge reviews the parties' pleadings and directions for the final hearing; the landlord should attend (or their solicitor); evidence is not typically given at a directions hearing; the judge may order disclosure of documents; the judge may order witness statements to be exchanged. (b) POSSESSION HEARING (substantive/final hearing): this is the main hearing at which the judge hears evidence and decides whether to grant a possession order; typically listed for 5-10 minutes for straightforward, uncontested Section 8 rent arrears claims (Ground 8 mandatory — 2 months' arrears; Ground 10 — some arrears; Ground 11 — persistent late payment); 20-30 minutes or longer for contested claims; the landlord (or a witness such as a property manager) gives evidence; the tenant is entitled to attend and give evidence and raise defences. Accelerated possession procedure — removed by RRA 2025 (England): the accelerated possession procedure was a paper-based procedure used for Section 21 no-fault possession claims — the landlord filed a claim form (N5B) and if no defence was filed within 14 days, the court could grant possession without a hearing. This procedure relied on Section 21 notices — which are now abolished under the Renters' Rights Act 2025 (England) for new tenancies from the commencement date. All new ground-based possession claims under Schedule 1 RRA 2025 are heard in open court. Wales (RHWA 2016): the accelerated procedure equivalent is similarly removed following the Renting Homes (Wales) Act 2016 occupation contract possession procedure. Preparing the evidence bundle: the landlord should prepare three identical copies of a chronological evidence bundle for the possession hearing; the bundle should include: (i) tenancy agreement (the signed AST or any variation or renewal); (ii) all notices served — Section 8 notice citing the ground(s); any other relevant legal notices; for transitional Section 21 cases: the Section 21 notice, PCOL claim form evidence; (iii) deposit protection certificate and prescribed information — confirming the deposit was protected within 30 days of receipt and prescribed information was served; FAILURE to protect the deposit is a defence the tenant can raise against a Section 21 notice (now largely transitional) and may lead to a counterclaim for a deposit penalty; (iv) gas safety certificates — current and any relevant historical ones (for transitional Section 21 cases, failure to serve a gas safety certificate before the tenancy began is a bar to a Section 21 notice); (v) EICR — current electrical installation condition report (5-year report; satisfactory); (vi) How to Rent guide — evidence of service (email delivery; postal proof); (vii) EPC — current energy performance certificate (minimum EPC E for most rental properties); (viii) any relevant correspondence — rent demands; warnings; arrears letters; arrears schedule (a month-by-month statement of rent due vs rent paid vs arrears balance); (ix) any other evidence relevant to the grounds — photographs (Ground 13 deterioration; Ground 14 ASB); police reports or ASBO (Ground 14 ASB); conviction evidence (Ground 7A criminal conviction); company accounts if fraud (Ground 7B).
• Types of possession order, the hearing itself, tenant defences and what happens after: Types of possession order: (a) OUTRIGHT POSSESSION ORDER: the judge grants possession from a fixed date — typically 14 days after the hearing (standard) or 6 weeks after the hearing (where the tenant can demonstrate that immediate possession would cause exceptional hardship — Housing Act 1980 s.89; the 6-week maximum applies only to secure tenancies strictly speaking but courts often use this guidance for ASTs). Once the possession date passes and the tenant has not left, the landlord can apply for a warrant of possession (form N325) and the County Court bailiff will attend to enforce the order. (b) SUSPENDED POSSESSION ORDER (SPO): the judge grants possession but suspends the execution of the order on conditions — most commonly the tenant pays the current rent PLUS a fixed sum towards arrears each week or month. If the tenant complies with the conditions, possession is not executed. If the tenant breaches the conditions (misses even one payment), the landlord can apply for a warrant of possession under CPR 83.26 and the court will issue the warrant without a new hearing — the landlord does not need to go back to court. An SPO for rent arrears (typically Ground 10 or 11 — discretionary grounds) is common where the tenant has arrears but is generally a satisfactory tenant and the court is exercising its discretion. For mandatory grounds (Ground 8 — two months or more rent arrears at both the date of service of the notice AND the date of the hearing), the court has no discretion — it must grant an outright possession order. The hearing itself: the landlord (or their solicitor or licensed conveyancer) presents the evidence to the judge; the landlord may be asked to confirm the arrears figure (from the arrears schedule in the bundle); the tenant (if present) is heard by the judge; the tenant may raise defences (deposit not protected; prescribed information not served; gas safety certificate not served; EICR not served; How to Rent not served; counterclaims for disrepair under s.11 LTA 1985 — if a landlord has unresolved repair obligations, the tenant may raise a counterclaim for damages or a set-off against the arrears). Tenant absent: if the tenant does not attend, the judge will typically proceed on the landlord's evidence alone and grant possession. Reserved judgment: in complex or contested cases, the judge may reserve judgment — announcing the decision in writing at a later date. Costs: the court's standard possession claim costs are fixed (currently £355 issue fee plus £110 hearing fee for PCOL claims; plus solicitor's fixed costs if used — Part 45 CPR). For contested cases with solicitor involvement, costs are a matter for the judge's discretion. After the possession order: the landlord must wait until the possession date before applying for a warrant; the warrant is enforced by County Court bailiffs (HCEO — High Court Enforcement Officers can be used to enforce via transfer to the High Court for certain claim types for faster enforcement). Scotland: Scottish PRT possession is via the First-tier Tribunal (Housing and Property Chamber) — not the county court; the 18 Schedule 3 grounds apply; the FtT hearing process differs from the county court procedure

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