Guidance

Practice direction: Online Procedure Rules for Possession Proceedings

Published 26 August 2026

Applies to England and Wales

Please note this is a draft practice direction for information only.

SECTION 1 – INTRODUCTION AND PROCEEDINGS COVERED

Purpose of this practice direction

1. This practice direction sets out the rules which apply to online County Court possession proceedings. It supplements the Online Procedure Rules 2026 (“OPR”). This practice direction needs to be read alongside the OPR, and if there is any inconsistency between them, the OPR will take precedence.

Proceedings covered by this practice direction

2. This practice direction covers all online possession proceedings. Online possession proceedings are proceedings which—

(a) are possession proceedings; this means proceedings to recover possession of land (including buildings or parts of buildings) from a person (“the defendant”), whether or not they include proceedings for something else; and

(b) are started (see paragraph 24) on or after xx September 2026; and

(c) are started by a person (“the claimant”) who is—

(i) in England, a registered provider of social housing (within the meaning of [hyperlink: section 80 of the Housing and Regeneration Act 2008) who is seeking possession of social housing (within the meaning of [hyperlink: section 68 of the Housing and Regeneration Act 2008]);

(ii) in Wales, a community landlord (within the meaning of [hyperlink: section 9 of the Renting Homes (Wales) Act 2016];

(d) are about land which is located in one of the postcode areas listed in Appendix A to this practice direction; and

(e) would be allocated to one of the OPR court centres on the date they are started. Appendix A lists the OPR court centres and explains the process of allocation.

3. Appendix B to this practice direction sets out specific types of proceedings that are not covered.

4. This practice direction covers possession proceedings up to and including the court’s final order. It does not cover the matters set out in paragraph 3 of Appendix B.

SECTION 2 – GENERAL INFORMATION

The digital service and screens

5. Claimants and defendants (“parties) in online possession proceedings will use the Digital Possession Service (“the digital service”). The digital service guides parties through a series of screens which enable users to give the information required by the OPR and this practice direction. The screens prompt parties to submit information by—

(a) entering it directly in the screens; and

(b) uploading documents.

6. Screenshots of selected screens are available [HERE].

7. As an alternative to using the screens, paper forms may be used. These are available [LOCATION] in accordance with OPR rule 19. Explanatory leaflets accompany the forms to help users to complete them properly.

8. Information may only be entered in the screens, or the paper forms, in English or Welsh.

9. All the information and documents submitted during the proceedings will be saved and maintained by HMCTS on behalf of the court.

Party unable to pay a fee

10.  A party who has to pay a fee to start or do anything in proceedings will normally not be allowed to start the proceedings or do that thing without paying the fee, or the court may impose sanctions for non-payment as shown at paragraph 75(c).   

11.  A party may be eligible for a full or partial discount to a court fee through the scheme known as “Help with Fees”. Applications for Help with Fees can be made online at [ Get help paying court and tribunal fees - GOV.UK.  ], or by using paper form EX160 which is available for download at [form EX160] or on request from the party’s nearest court centre. A separate application is required each time a party has to pay a new fee.

12. If a party has applied for Help with Fees, they may proceed without paying the fee while the Help with Fees application is being considered.  If the application is refused, or the party must pay part of the fee, the court will tell the party how much they must pay and the deadline for payment.  If the party does not pay by that deadline the court will impose sanctions as shown at paragraph 75(c).

Statements of truth

13. Where a statement of truth is included in a document or information, this means that the person making the statement believes that the facts stated in the document or information are true.

14. A statement of truth is required for each of the following—

(a) a claim;

(b) a response to a claim including any counterclaim;

(c) a response to a counterclaim or reply to a response;

(d) an application;

(e) a witness statement; 

(f) an expert report.

15. The digital service, and paper forms, set out the wording of the statement of truth required for information entered on the screens or in the forms. The wording of the statement of truth required for a witness statement or expert report is as shown in line 7 of the table in paragraph 76.

16. A statement of truth that is false or made without a genuine belief in its truth may be found to be a contempt of court. The court may impose penalties including fines or imprisonment for up to two years.

17. If a document or information which requires a statement of truth is submitted without one—

(a) where it is a claim, response, counterclaim, reply or application, the party can still rely on it as a description of their case unless the court orders otherwise, but it cannot be relied on as evidence unless it is verified by a statement of truth under sub-paragraph (c);

(b) where it is a witness statement or other document submitted as evidence, the court may direct that it cannot be relied on as evidence;

(c) the court may order the party who submitted the document or information to verify it by a statement of truth.

Communications between parties and with the court

18. A party who is required to provide documents or information to another party must do it through the court as set out in paragraphs 19 to 23.  This does not apply for matters listed in line 9 in the table in paragraph 76.

19. A party who is required, or has chosen, to proceed online (an “online party”) must submit documents or information to the court using the digital service.  If the documents or information cannot be accepted by the digital service (see paragraph 54 for the file formats which can be accepted), they may be sent by email instead, provided they are no bigger than 1GB. For files bigger than 1GB, the party should contact the court to make arrangements.

20. A defendant who has chosen not to proceed online (an “offline defendant”) must submit documents or information to the court by posting or delivering them in person to the address set out in the paper form, and the court will upload them to the digital service.

21. The court will send the documents or information which have been submitted to the other party.  

22. The court will normally send documents or information—

(a) to an online party by sending an email alert containing a link to the digital service;

 (b) to an offline defendant by printing the uploaded documents or information and sending by post.

23. A document or information sent by an email alert is treated as having been received when the email was sent. A document or information sent by post is treated as having been received four days after the date on which it was printed (the date of printing is recorded in the digital service). See OPR rule 29 for how to count days).

SECTION 3 – HOW TO MAKE AND RESPOND TO A CLAIM

Starting proceedings for possession

24. Proceedings must be started by following the process which starts at [hyperlink].

25. Separate proceedings must be started for each property.

26. The claimant must upload the following where they exist—

(a) a copy of the tenancy occupation contract or licence agreement;

(b) a copy of any notice of intention to repossess the property;

(c) where rent arrears are claimed, the rent statement relied on;

(d) where the property is in Wales, the following documents for the property—

(i) Energy Performance Certificate;

(ii) gas safety report;

(iii) electrical installation condition report.

27. The claimant may also upload other documents to support their claim.

28. The claimant must—

(a) complete a statement of truth as instructed in the relevant screen;  

(b) pay the relevant fee.

29. Once the claimant has completed the online process, the information and documents submitted make up the claim and cannot be changed unless the court gives permission for the change. [Paragraphs 43 to 45 explain how to seek permission to change a claim].

Next steps after the proceedings are started

30. Once the claimant has completed the online process and paid the fee for the claim, the court will­—

(a) record the start of the claim in the digital service;

(b) fix a date for a hearing (the “primary hearing”);

(c) send a claim pack to the defendant.

31. The claim pack is produced using the digital service. It provides a copy of the claim, the primary hearing date and information to help the defendant to understand the proceedings and provide a response, including the court centre to which the proceedings have been allocated. It also tells the defendant how to choose to proceed online or by non-electronic means, with a link for responding online.

32. The court will email the claimant to confirm that the proceedings have been started and provide the date of the primary hearing. 

33. If the claimant gave an address for the defendant which is in England and Wales, the court will send the claim pack by post to that address. 

34. If the address for the defendant is outside England and Wales, the court cannot send the claim pack to the defendant. The claimant must apply for permission to serve the claim pack themselves as shown at line 1 of the table in paragraph 76.

35. The standard period between the start date in the digital service and the primary hearing will be not more than 8 weeks. The date of the primary hearing must be at least—

(a) 28 days after the start date in the digital service; and

(b) 21 days after the date on which the claim pack is treated as having been received.

Next steps once the claim pack has been sent to the defendant

36. The defendant may respond to the claim online or in the relevant paper form. The response may include a claim against the claimant (a “counterclaim”).

37.  The defendant does not have to submit a response before the primary hearing and may take part in the hearing without doing so. However, failure to submit a response may be considered by the court when it decides what order to make about costs. 

38. Where the defendant does submit a response—

(a) they must complete a statement of truth as instructed in the relevant screen or the corresponding paper form;

(b) the court will notify the claimant of the response in accordance with paragraphs 21 and 22.

(c) the claimant does not have to reply to the defendant’s response or respond to any counterclaim made in it,  but failure to reply or respond may be considered by the court in the same way as for failure of a defendant to submit a response;

(d) the response and any counterclaim (and any reply or response by the claimant) cannot be changed once submitted unless the court gives permission for the change.

39. Where the defendant’s response includes a counterclaim—

(a) the defendant must pay the relevant fee [LINK] (but see paragraphs 10 to 12 for the possibility of Help with Fees);

(b) the counterclaim will be listed for hearing on the same date as the primary hearing for the original proceedings.

SECTION 4 – HEARINGS, EVIDENCE AND REQUESTS TO THE COURT

The primary hearing

40. Any fact that needs to be proved for the primary hearing (or a further hearing other than the trial) may be proved by—

(a) the matters set out in the claim, response, counterclaim, reply or application;

(b) any other documents or statements submitted under the OPR and this practice direction and verified by a statement of truth.

41. Where the claimant is relying on rent arrears as a reason for seeking possession, they must—

(a) upload an updated statement of rent arrears, verified by a statement of truth, to the digital service at least a day before the hearing; and

(b) bring to court for the hearing 2 paper copies of the updated and verified statement of rent arrears,

but this does not prevent the amount of rent arrears being brought up to date orally or in writing on the day of the hearing if the court gives permission.

42. At the primary hearing, the court will do one or more of the following—

(a) decide the claim and any counterclaim and make or refuse a possession order or make an order for an alternative to possession (see paragraph 2 of Appendix B);

(b) direct a further hearing;

(c) give case management directions to a final hearing (the trial) where the issues in the case will be considered and the final decision to make or refuse a possession order (or an order for an alternative to possession) will be made.

Applications

43. A party may apply to the court at any time to—

(a) extend the deadline for any step;

(b) adjourn a hearing;

(c) set aside an order which was made by the court without a hearing;

(d) change a claim, response, counterclaim or reply;

(e) ask the court to make any other order.

44. Applications should be made online, or an offline defendant may use the relevant paper form.

45. The party making the application must—

(a) say whether the application is agreed by the other party;

(b) say whether there is a good reason why the court should decide the application without hearing from the other party;

(c) set out the order they want the court to make;

(d) upload (or submit with the paper form) a draft order, and any evidence or documents they wish to rely on to support the application;

(e) pay any fee required for that application [LINK] (but see paragraphs 10 to 12 for the possibility of Help with Fees).

46. The application will be communicated to the other party by the court as shown in paragraphs 21 and 22.

47.  Any fact that needs to be proved for an application may be proved by—

(a) a witness statement and any supporting document attached to it;

(b) the matters set out in the claim, response, counterclaim, reply or application.

48. The court may direct that the application will be dealt with at a hearing or may decide the application without a hearing. If the application is decided without a hearing, the court’s order will set out any steps a party should take if they want to challenge the order.

49. The court may decide the application even if one or more parties does not attend the hearing (see paragraphs 59 and 60).

50. If a person who is not a party to the proceedings wants to make an application, or a party wants to apply for an order that a person who is not a party be made a party, they must do so using the relevant paper form (Form N244). [HYPERLINK]

Rules about evidence

51. The court may control evidence by giving directions as to—

(a) what issues it needs evidence about;

(b) the type of evidence which it requires to decide those issues; and

(c) the way in which the evidence is to be provided to the court.

52. Witness statements and supporting documents must be submitted to the court by any deadline set by the court.  If no deadline has been set, they must be submitted at least four days before the hearing for which they are needed. If they are submitted late, they cannot be relied on at the hearing, unless the court allows this.  Paragraphs 19 to 23 explain how to submit documents and how the court will communicate them to the other party.

53. The digital service can accept documents in the following formats: doc, docx, pdf, jpg, jpeg and tiff. Documents in other formats (including mp3 and mp4) must be sent to the court by email (as attachments, not as links to sharing platforms) and they will be shared with the judge before the hearing. A media file bigger than 1GB cannot be emailed to the court, and the party providing it should make arrangements with the court office to provide it to the judge.

54. A witness statement (and the statement of truth required for it) must be in the witness’s own language. If that language is not English or Welsh, the witness statement must be accompanied by a translation. The translation must be certified as accurate by the person who translated the statement and include that person’s name, address and qualifications for making the translation. The same requirements about translation apply for a document other than a witness statement which is not in English or Welsh.

55. A witness statement may not be used for purposes other than the case it was submitted in unless—

(a) it has been put in evidence at a hearing held in public;

(b) the maker of the witness statement gives written consent; or

(c) the court gives permission.

56. If the court makes an order for the parties to give documents to each other or for expert evidence, this will be in accordance with line 9 or 12 of the table in paragraph 76.

The trial and other hearings

57. Any fact that needs to be proved at the trial must normally be proved by—

(a) the oral evidence of a witness or witnesses given in public, based on a witness statement by each witness.  The witness statement will normally count as the evidence the witness wishes to give to support the case, and the witness may be questioned on it;

(b) the matters set out in the claim, response, counterclaim, reply or application;

(c) any other documents or statements submitted under the OPR and this practice direction and verified by a statement of truth.

58. The general rule is that all hearings in possession proceedings are held in public.  The court may exceptionally and for good reason make an order for the hearing, or part of it, to take place in private.

59. If a party does not attend a hearing, the court may go ahead with the hearing without them, or it may list the hearing for a new time.

60. Where the court goes ahead with the hearing under paragraph 59 and makes an order, a party can apply for the order to be set aside and the hearing held again. They must apply quickly and have a good reason for missing the hearing and a reasonable chance of getting a better outcome. The court may list a further hearing to consider whether the order should be set aside whether or not a party applies for it.

61. Every hearing will be officially recorded unless the court orders otherwise. Any person may request a transcript of the official recording, subject to payment of the charge for this. Where the person requesting the transcript is not a party, and the hearing or part of it was held in private, a transcript may be supplied only if the court orders it.

62. No one, whether a party or a member of the public, may use any recording equipment or make any form of recording in a court or Judge’s room unless the court gives permission. Doing so without permission is a contempt of court for which the court may impose fines or imprisonment for up to 2 years.

63. At any hearing, whether in public or private, the judge may give directions to help a party, especially one who does not have a lawyer, with the preparation and sharing of any note or other informal record of the hearing made by another party or by the court.

SECTION 5 – COURT ORDERS

Standard requirements and other matters about the court’s order

64. The court’s order must be drawn up, sealed and sent to the parties by the court.

65. The court’s order must show—

(a) the name and judicial title of the person who made it; and

(b) the date on which it is made

66. If a party has asked the court for permission to appeal at the hearing where the order was made or any adjournment of that hearing, the order must also show—

(a) whether there is a right to appeal against the order and if so, which court should hear that appeal;

(b) whether the court gives permission to appeal; and

(c) if permission is refused, which other court the party may apply to for permission to appeal.

67. The court’s order takes effect as soon as it is given or made, unless the court orders that it will not take effect until a later date.

68. If the court’s order requires one party to pay another a sum of money, the paying party may be required to pay interest on any amount they owe under section 74 of the County Courts Act 1984. If they are required to pay interest, this will start to add up from the date the court’s order is made.

69. A party must comply with an order of the court to pay money within 14 days from the date on which the order was made, unless the court orders otherwise.

70. The court may correct a slip or omission in a judgment or order at any time. A party does not have to tell the other party before asking the court to make such a correction.

SECTION 6 – INTERPRETATION AND OTHER PROCEDURE RULES

Temporary application of the Civil Procedure Rules

71. This practice direction has been developed, and will continue to develop, alongside the digital service.  Some matters of procedure for online possession proceedings are not yet covered by either the OPR or directly by this practice direction. Those matters will be provided for in due course.

72. Until then, those matters will be dealt with under the relevant provisions of the Civil Procedure Rules 1998 (“the CPR”). Paragraphs 75 and 76  set out examples of the main matters to which this may apply.

73. Where the CPR apply, they apply subject to the OPR and this practice direction. If there is any inconsistency between them, the OPR and this practice direction take precedence.

74. Accordingly, where the CPR apply, they will apply with the following modifications—

(a) any application required by the CPR must be made in accordance with rules 18 to 21 of the OPR and paragraphs 43 to 45; and

(b) where the CPR require a party to file and serve a document or information, the party must submit it, and the court will communicate it in accordance with rules 18 to 21 of the OPR and paragraphs 18 to 23. This does not apply to service of the claim pack where the defendant’s address is outside England and Wales (see paragraph 34).

75. The court will exercise its case management powers (see OPR rule 6), in the circumstances covered by the following CPR provisions, as it would under those provisions—

(a) CPR rule 1.6 and PD1A (addressing vulnerability);

(b) CPR PD3A (striking out a claim, counterclaim or defence);

(c) CPR rules 3.7, 3.7A and 3.7AA (sanctions for non-payment of fees);

(d) CPR rules 3.8 and 3.9 (sanctions for default and relief from sanctions);

(e) CPR rule 3.10 (rectifying errors).

76. The matters listed in the first column of the table below will be dealt with in accordance with the provisions of the CPR listed in the second column.

	Matter to be dealt with	CPR provision
1	Serving claim pack when defendant’s address is outside England and Wales	Section IV of Part 6, and Practice Direction 6B
2	Where claimant has failed to respond to a counterclaim by the defendant and the defendant seeks judgment in default	Part 12
3	Where claimant seeks to set aside judgment in default on a counterclaim	Part 13
4	Where a party wants to change their claim, counterclaim, response or reply	Rules 17.3 and 17.4
5	Changing who is a party to the proceedings	Section I of Part 19
6	Appointing a litigation friend to conduct the proceedings on the defendant’s behalf if the defendant does not have capacity to conduct the proceedings	Part 21
7	Form and content of witness statement, and form of statement of truth for witness statement and expert’s report	Practice Directions 22, 32 and 35
8	Allocating proceedings to a case management track	Parts 26 to 29 and the practice directions accompanying them, plus rule 55.9
9	Duties of parties to disclose documents to each other/where the court makes an order for disclosure	Part 31 and the practice directions accompanying it
10	Where a party wishes to rely at trial on hearsay evidence, including a witness statement where the witness will not be called	Rules 33.1 to 33.5
11	Where a party needs a witness summons requiring someone to attend or produce a document	Section I of Part 34
12	Where a party seeks to call an expert witness or submit an expert’s report in evidence	Part 35 and Practice Direction 35
13	Deciding who pays costs of proceedings, and how much they pay	Parts 36 and 44 to 47
14	Where a party wishes to discontinue the claim or counterclaim	Part 38
15	Failure of party to attend trial	Rule 39.3
16	Notifying the court and other parties of a change in legal representation	Part 42 and Practice Direction 42
17	Proceedings for contempt	Part 81

Terms defined in this practice direction

77. The table below indicates where to find the definition for terms defined in this practice direction.

Term used	Where defined
Claim	Paragraph 29
Claimant	Paragraph 2(c)
Claim pack	Paragraph 31
Counterclaim	Paragraph 36
CPR	Paragraph 72
Defendant	Paragraph 2(a)
Digital service	Paragraph 5
Help with Fees	Paragraph 10
Offline defendant	Paragraph 20
Online party	Paragraph 19
OPR	Paragraph 1
Party	Paragraph 5
Primary hearing	Paragraph 30(b)
Statement of truth	Paragraph 13

Appendix A:  Postcode areas and allocation

The process of allocation

Proceedings (both online proceedings and those proceeding under the CPR) are allocated by the courts to be managed by specific court centres.  A postcode-based allocation system is administered by HMCTS and updated regularly. Parties can identify whether their proceedings would be allocated to a court centre operating the digital possession service under this practice direction by providing their postcode to the ‘allocation checker’ available at [LINK].  Users who are unable to use the online checker should contact the National Contact Centre for Civil and Family Courts (0300 123 5577, from 8:30 AM to 5:00 PM Monday to Friday, excluding bank holidays).

The initial court centres for online possession proceedings are—

• Bradford;
• Caernarfon;
• Huddersfield;
• Wandsworth.

The postcode areas for each centre are in the tables below.

Bradford

BD1	BD13	HX1
BD2	BD14	HX2
BD3	BD15	HX6
BD4	BD16	HX7
BD5	BD17
BD6	BD18	LS21
BD7	BD19	LS28
BD8	BD21	LS29
BD9	BD22
BD10	BD23	OL14
BD11	BD24
BD12	BD99

Caernarfon

LL4	LL47	LL68
LL5	LL48	LL69
LL23	LL49	LL70
LL24	LL51	LL71
LL27	LL52	LL72
LL32	LL53	LL73
LL33	LL54	LL74
LL34	LL55	LL75
LL35	LL56	LL76
LL36	LL57	LL77
LL37	LL58	LL78
LL38	L59
LL39	LL60	SY20
LL40	LL61
LL41	LL62
LL42	LL63
LL43	LL64
LL44	LL65
LL45	LL66
LL46	LL67

Huddersfield

HD1	WF1	HX3
HD2	WF3	HX4
HD3	WF4	HX5
HD4	WF12
HD5	WF13
HD6	WF14
HD7	WF15
HD8	WF16
HD9	WF17

Wandsworth

SW1	SW15	W1A
SW1P	SW16	W1G
SW1V	SW17	W1H
SW1W	SW18	W1K
SW1X	SW19	W1
SW2	SW20	W2
SW3		W3
SW4	TW3	W5
SW5	TW9	W6
SW6	TW10	W7
SW7		W8
SW8		W10
SW9		W11
SW10		W12
SW11		W13
SW12		W14
SW13
SW14

Appendix B: Proceedings not covered by this practice direction

1. Proceedings which are not online possession proceedings—

(a) proceedings for accelerated possession (Parts II and V of Part 55 of the CPR apply);

(b) proceedings for an interim possession order (Part III of Part 55 of the CPR applies);

(c) proceedings for possession against someone who has never been a tenant or otherwise had a right to occupy the land and who entered or remained on the land without the consent of anyone who is entitled to possession of the land (described in Part 55 of the CPR as “possession claims against trespassers”);

(d) proceedings for relief against forfeiture of a lease.

2. Proceedings for certain types of order which are not online proceedings if they are started on their own without any possession proceedings (those orders can be requested in possession proceedings as an alternative to possession)—

(a) proceedings for a demotion order under section 82A of the Housing Act 1985 or section 6A of the Housing Act 1988;

(b) proceedings for a suspension order under section 121A of the Housing Act 1985;

(c) proceedings for a prohibited conduct standard contract order under section 116 of the Renting Homes (Wales) Act 2016.

3. Matters following on from the proceedings or from orders made in them—

(a) action to enforce the court’s order, for example by way of a warrant of possession (Part 83 of the CPR, in particular rules 83.13 and 83.26, applies);

(b) interim appeals, and appeals against the final order of the court (Part 52 of the CPR applies).