It is Never Too Late - Please Talk To Us
Even if it is the day of the hearing, you can still get help by contacting your Housing Management Officer or calling into Customer Services at the Town Hall or ring us on 01325 388542.
Keep Talking To Housing
Keep talking to us to try and come to an agreement that you can keep to and that can be agreed at court.
What To Do If You Come To An Agreement
If we come to an agreement, make sure you still go into the hearing and tell the judge what has been agreed.
What The Court Hearing Will Be Like
You may be nervous about going to court but many people don't find it as intimidating as they thought.
Possession hearings are usually held in the County Court and take place in a room that looks like an office called the Judge's 'Chambers'. The judge will wear a suit rather than the robes you often seen worn in court cases on television.
Getting Advice Before Going To The Hearing
You can contact Housing before you go to the Court hearing and we will signpost you to Debt Advice Agencies who will be able to help you and guide you through the process.
Citizens Advice Bureau [external link]
Visit the Community Legal Services website [external link] or contact their helpline by telephoning: 0845 608 1122
'Just Ask' website [external link]
Money Advice Service [external link]
Arriving At The Court Building
When you arrive at the court building with your paperwork, you will be shown to the waiting room by security or the reception staff. There will be a Court Usher in the waiting room to the Judge's Chambers. You should tell the Usher you have arrived. If you need to leave the waiting room, tell the Usher just in case you are called for your hearing while you are away.
The Hearing - What The Judge May Ask
Usually court hearings for possession don't last long.
When you go into Chambers, the Judge should explain what will happen during the hearing. If you don't understand what's happening ask the Judge.
Depending on what kind of tenancy you have, the Judge may ask different questions, including:
- why are you in arrears
- if you have tried to find a solution with your landlord
- what your financial situation is now
- how much you can pay towards arrears
- if there are special reasons why you may need more time to move into a new property (like looking after an ill relative at home)
The Judge's Decision
Towards the end of the hearing, the Judge will usually make a decision on what should happen next. The Judge could:
- make an 'order', which is a legal decision on what will happen
- adjourn the hearing, which means the judge feels a decision can't be made on the day and the hearing should be delayed until later
- dismiss the court case, which means no order will be made and the hearing is finished
The Judge will dismiss the case if there is no reason why you should be evicted. This might happen if:
- your landlord has not followed the correct procedure for bringing the case to court
- your landlord or their representative does not attend the hearing
- the rent arrears have already been paid to the landlord
If the Judge dismisses the case, you have the right to stay in your home. If the landlord wants to evict you, they will have to restart the court process from the beginning.
Orders Relating To Repossession Of Your Home
- order for possession (sometimes known as an 'outright' possession order)
- suspended order for possession
- money order
- possession order with a money judgement