{"id":3724,"date":"2023-04-07T09:57:36","date_gmt":"2023-04-07T09:57:36","guid":{"rendered":"https:\/\/www.theukrules.co.uk\/?page_id=3724"},"modified":"2023-09-07T07:09:06","modified_gmt":"2023-09-07T07:09:06","slug":"court-hearing-for-tenant-eviction","status":"publish","type":"page","link":"https:\/\/www.theukrules.co.uk\/rules\/housing\/court-hearing-for-tenant-eviction\/","title":{"rendered":"Court Possession Hearing for Tenant Eviction in the UK"},"content":{"rendered":"

BEFORE THE HEARING<\/strong>: How will you know your landlord is taking you to court and trying to evict you?<\/p>\n

You will receive official court documents which include:<\/p>\n

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  1. Copies of your landlord ‘claim for possession<\/strong>‘ forms.<\/li>\n
  2. A defence form meant for the tenant.<\/li>\n
  3. The summons date and venue for your eviction court hearing.<\/li>\n<\/ol>\n

    The defence form gives the tenant an opportunity to state why there is rent arrears. You can also say why you disagree with whatever your landlord put on the ‘claim for possession<\/strong>‘ forms.<\/p>\n

    It is important to provide any relevant information in the defence form. Failing to produce evidence could mean a delay in your court case and incur extra court fees. But, you must return your defence form to the court within 14 days.<\/p>\n

    Note<\/strong>: Failing to attend your eviction court hearing means the judge often decides you will lose your home.<\/p>\n

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    What Happens During Eviction Hearing?<\/h2>\n

    What happens if you have not received any legal advice so far? In this case you can get free legal advice and representation at the court on the day of the hearing.<\/p>\n

    The legal representation comes under the Housing Possession Court Duty<\/strong> scheme. Your local council<\/a> can offer more information or you can ask at the court where your case get heard<\/a>.<\/p>\n

    The court may offer other advice services if the scheme is unavailable in your area. You can also check to see whether you qualify for legal aid<\/a> in the United Kingdom.<\/p>\n

    Members of the public cannot usually attend a court hearing for tenant eviction. You must first agree for anyone to come to your eviction hearing.<\/p>\n

    Most courts have a duty adviser and the court usher will let you know if there is one on duty. Duty advisers can often give you last-minute advice before you go to chambers.<\/p>\n

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    As a Rule The Judge’s Decision is Final<\/h3>\n

    Eviction court hearings usually take place inside a room called chambers. In essence, the setting can be a private room of the judge or it can be a courtroom.<\/p>\n

    But, going to county court<\/a> is a civil matter which is different to a criminal court. That means you cannot go to prison<\/strong> if you lose your case.<\/p>\n

    In most cases the decision of the judge is final. The judge could decide to:<\/p>\n