Back to Legal Support
Court Processes Explained
What to expect at a possession hearing, how to prepare, and what happens if you lose.
Relevant for:
At Risk
Currently Homeless
Important Warnings
- Do not ignore court papers. If you do not attend, the judge will make a decision without hearing from you.
- Do not leave your property before the court-ordered date. If you leave early, you may be found intentionally homeless.
- Bailiffs cannot evict you without a court order and proper notice. If someone tries to evict you illegally, call the police.
- If your landlord wants to evict you, they must go to court to get a possession order. You will receive court papers telling you the date and time of the hearing.
- Possession hearings are usually short (10-20 minutes). The judge will hear from you and your landlord and decide whether to grant possession.
- You should attend the hearing even if you think you will lose. You can ask the judge for more time to leave, explain your situation, or challenge the eviction if the landlord has not followed the rules.
- If the judge grants possession, you will be given a date to leave by. If you do not leave, the landlord can apply for bailiffs to evict you.
- You have the right to attend the hearing and present your case. The judge must listen to you.
- You have the right to bring evidence (e.g., proof of rent payments, correspondence with landlord, medical evidence).
- If you cannot attend, you can write to the court explaining why and asking for an adjournment (postponement).
- You can ask for legal representation or bring a support worker or friend to help you.
Next Steps
Important Action
Get legal advice immediately
Contact Shelter or a legal aid solicitor as soon as you receive court papers. Do not wait until the hearing.
Important Action
Prepare your evidence
Bring copies of your tenancy agreement, rent payment records, eviction notice, correspondence with landlord, and any evidence of disrepair or harassment.
Arrive early
Get to court at least 30 minutes early. Bring ID and your court papers. Ask court staff where to go.
Speak to the judge
Explain your situation clearly. Tell the judge if you have children, health problems, or nowhere else to go. Ask for more time to leave if needed.
Contact the council
Even if you lose, the council must help you if you are homeless and in priority need. Take your court papers to the council immediately.
External Resources
Was this page helpful?