Possession hearings and orders

This guide covers what happens at court hearings for possession and the decisions a judge could make.

The Renters’ Rights Act will change laws about renting and this guidance has been published to help private rented sector landlords and agents prepare. The new rules will apply on or after 1 May 2026. For information on the current law, refer to the existing possession hearings and orders guidance.

Court hearings for possessions are usually held in the county court that deals with the area where your property is located. You should let the court know as soon as possible if you have any special requirements. For example, if you need extra assistance to access the building or engage with the hearing.  

Before attending a hearing, it is important that you know what to expect when coming to a court or tribunal. 

You should bring copies of the relevant paperwork to the possession hearing.  

  Before the possession hearing, the court will: 

  • send your tenant a copy of your application and any other documents 

  • send you a notice of issue with your claim number – keep this safe for future correspondence 

  • set a date for the possession hearing 

  • If your tenant wants to defend the possession proceedings they should send a defence to the court within 14 days of being served with the claim papers. In their defence they may explain why they think they should not be evicted. 

The court will send you a copy of their defence, and you may want to seek legal advice. 

At the hearing the judge might: 

  • adjourn the hearing - it will be moved to a later date (this happens if a judge believes a decision cannot be made on the day) 

  • dismiss the court case - no order will be made and the hearing will end 

  • make a ‘possession order’ - the judge will make a ruling on whether you should leave your home or whether you can stay subject to conditions 

The judge will dismiss the case if there’s no reason your tenants should be evicted. This might also happen if: 

  • you have not followed the correct procedure 

  • you or your representative do not attend the hearing 

  • your tenants have paid any rent that was owed 

Your tenants will be able to stay in your property if the judge dismisses the case. You will need to restart the court process from the beginning if you still want to evict them. 

You must follow the correct process for evicting your tenant. 

Orders 

The judge will be able to make different kinds of orders. 

Order for possession (or ‘outright possession order’) 

This means your tenants will have to leave your property before the date given in the order. 

The date your tenants must leave your property depends on the reason why the court has made the order for possession. The judge can choose the date when the tenant must leave the property. 

You will be able to ask the court for a ‘warrant for possession’ if your tenants do not leave your property by the date given. If the court gives a warrant, your tenants will be sent an eviction notice with a date by when they must leave your property. 

Suspended order for possession 

This means your tenants can stay in your property as long as they make the payments, or obey the other conditions set out in the order. If your tenant does not keep to the conditions of the order, you will be able to ask the court for a ‘warrant for possession’. 

Money judgments 

A judge will be able to add a money judgment to an outright or suspended possession order. This means your tenant owes a specific amount of money, usually made up of: 

  • their rent arrears (how much rent your tenant owes you)

  • court fees 

  • your legal costs 

If an outright order for possession is made and your tenant does not pay the amount they owe, you will be able to ask the courts to recover the money. You will also be able to ask the court to evict your tenant.  

The money judgment will not apply if your tenants pay their arrears and the amount set out in a suspended possession order. 

The money judgment will apply if they do not pay the amount set out in the suspended possession order that’s linked to the judgment. If they do not pay, you will be able to ask the court to evict them and take action to recover the money. 

The court will be able to recover the money by: 

  • deducting money from the tenants’ wages or bank accounts 

  • sending bailiffs to take away things they own 

The court will not be able to take money from a tenant’s benefit payments unless it is to cover court fees. 

Appealing against the decision 

You will only be able to appeal if you can show the judge made mistakes in the original possession hearing. At the end of the hearing, you will need to ask the judge for the reasons for the decision and for permission to appeal to a higher court. 

You will need to apply to the higher court for permission if either:  

  • the judge does not give you permission to appeal 

  • you did not ask for permission to appeal at your hearing 

You should get legal advice as soon as possible as you will only have 21 days to appeal. 

You will have to pay a £404 court fee, unless you qualify for financial help.

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