The Possession Hearing

Once a section 8 or section 21 notice period expires, if the tenant has not vacated the property then the landlord must next apply to the court for a possession order.

If possession is claimed using a section 21 notice or a section 8 under the ground of 2 months rent arrears then the claim can be made online. Otherwise the claim must be made direct to the local county court.

The landlord will initially file the papers for the possession claim. The tenant is given a chance to respond. The claim will then proceed to a possession hearing.

At the hearing the judge will check that the notice served was correct, and that the notice was served correctly. The landlord's reasons possession is being sought will be checked. The tenant will be offered a chance to defend the claim. If a mandatory ground is accepted or the judge accepts a discretionary ground then a possession order will be issued. This gives the tenant a further 14 days to vacate the property