Housing Court Process Basics

The court possession process follows a set sequence:

1. Notice: The landlord serves a valid Section 21 or Section 8 notice and waits for the notice period to expire.
2. Court claim: If you do not leave voluntarily, the landlord issues a possession claim in the county court. For standard residential possession claims they use the accelerated procedure (Section 21) or the standard procedure (Section 8).
3. Claim served: You receive the claim form (N5 or N5B) and, usually, a hearing date. For Section 21 accelerated claims, there may be no oral hearing — the judge decides on the papers.
4. Defence: For Section 8 claims, you can file a defence form (N11) setting out your grounds for contesting the claim. The deadline is usually 14 days after the claim is served.
5. Hearing: A possession hearing takes place at the county court. Both parties can attend, present evidence, and make arguments.
6. Possession order: If the judge grants possession, the order specifies a date by which you must leave — usually 14–28 days, but up to 42 days in cases of exceptional hardship.
7. Warrant of possession: If you do not leave by the date in the order, the landlord can apply for a warrant of possession (enforcement by county court bailiffs).

You can attend the possession hearing and present your case to the judge. Common defences and arguments include:

• Technical defences: The Section 21 notice was invalid (deposit not protected, documents not provided, wrong form, wrong notice period).
• Mandatory ground not proved: For a Section 8 Ground 8 claim, the arrears have been paid off so the mandatory ground can no longer be established.
• Discretionary grounds — reasonableness: Even if a discretionary ground is proved, the court should exercise its discretion and refuse or suspend the order because it would be unreasonable to grant possession.
• Exceptional hardship: Even where possession is granted, the court can delay the date by up to 42 days if immediate possession would cause exceptional hardship.

Many courts offer a duty solicitor or housing adviser service on possession hearing days — check in advance and arrive early to get free advice before your hearing.

A possession order specifies a date by which you must vacate. If you leave by that date, the process ends. If you remain in the property after the possession date, the landlord must apply to the court for a warrant of possession. This authorises county court bailiffs to evict you.

When bailiffs are instructed, they will give you at least 14 days' notice of the eviction date. On the day, the bailiffs will require you to leave. You should seek emergency rehousing assistance from your local council before this point — contact them as soon as possible, explaining that you face imminent eviction, so they can assess whether they owe you a housing duty.

If you are in a particularly vulnerable position — for example, you have a disability or dependent children — you can apply to the court to suspend the warrant, delaying the eviction. This must be done before the eviction date and requires you to show good reason (for example, that you are making payments towards arrears).