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Order of possession: what happens at a possession hearing

Every section 8 claim is listed for a hearing, usually at the county court nearest the property. For private landlords in Q2 2026, the median from claim to possession order was 8.0 wks (average 11.1 wks).

Information, not legal advice. Know Your Let is not a law firm and does not act in court cases. We can help with the notice stage (see pricing); court claims and hearings are for you or a solicitor.

Before the hearing

The tenant has 14 days from service of the claim to file a defence; you'll get a copy.
At least 14 days before the hearing, send the court copies of N5, N119, the tenant's defence (if any) and any statements and documents you rely on.
Update your rent statement to the day of the hearing – for Ground 8 the threshold must still be met on that day.
Tell the court early if you need help to access the building or take part.

What to bring

Copies of every document: tenancy agreement, Form 3A, proof of service, deposit protection certificate and prescribed information, rent statement, and evidence for each ground (photos of damage, witness statements, estate agent instructions for Ground 1A).

Types of possession orders

Outcome	What it means
Outright possession order	The tenant must leave by a set date – usually within 14 days on a mandatory ground; up to 6 weeks for exceptional hardship.
Suspended possession order	The tenant can stay while meeting conditions (for example rent plus a set amount towards arrears). If they break them you can apply for a warrant on N325A.
Money judgment	Can be added to any possession order for arrears, court fees and costs.
Adjournment	The case is put off, for example if there isn't time, more information is needed or the tenant has a good reason for not attending.
Dismissal	No order – for example the wrong procedure, the ground not proved, you didn't attend, or the arrears were paid. You may be ordered to pay the tenant's costs.

How long does a possession hearing take?

Undefended hearings are often short and listed alongside other cases; defended cases may be adjourned to a longer hearing. Don't rely on a single day – build adjournment risk into your plans (the average time to order is longer than the median for this reason).

After the hearing

If the tenant doesn't leave by the date, apply for a warrant of possession. If the tenant was absent and applies to set the order aside, the court will normally give at least 3 days' notice of a hearing.

Common questions

What is an order of possession?

A court order requiring the tenant to give up the property. An outright order sets a date to leave; a suspended order lets the tenant stay while they keep to conditions, such as paying rent plus something towards arrears.

How much does it cost to get a possession order?

The court fee is £415. If you use a solicitor, their fees are extra; the judge may order the tenant to pay some costs.

How long after a possession order does the tenant have to leave?

On a mandatory ground, usually within 14 days of the order; the judge can allow up to 6 weeks if leaving sooner would cause exceptional hardship. On discretionary grounds the court has wider powers to delay.

What happens after an order of possession if the tenant stays?

You apply for a warrant of possession (N325, £152) and county court bailiffs set an eviction date. See bailiffs.

Can I appeal?

Only on legal grounds, such as a serious legal mistake or the wrong process. Ask the judge for reasons and permission at the end of the hearing; you usually have 21 days to appeal.

Sources

Last checked 28 Sep 2026. Figures and fees change; check the official source before you act.