Preparation Checklist for a Possession Hearing
How to prepare your defence as a tenant facing a possession hearing for rent arrears or other grounds.
Overview
Possession hearings are often listed for only 5–10 minutes. The judge will review the papers and make a decision very quickly unless you raise a defence. Coming prepared with clear evidence and a coherent argument can secure a suspended possession order (giving you time to pay) or even a dismissal. Seek legal advice from Shelter, Citizens Advice, or a housing law solicitor before the hearing.
Rent and Payment Records
All rent payment records (bank statements, receipts, housing benefit records)(Essential)
Bring records for the full tenancy — showing a previously good payment history can help the judge
Current rent account statement showing the alleged arrears(Essential)
Any housing benefit or Local Housing Allowance records, and evidence of any delays by the council
Proof of any disputed charges or service charges included in the arrears
Repair and Disrepair Evidence
Written reports of disrepair made to the landlord
Relevant if you are running a counterclaim or set-off for disrepair as a defence to rent arrears
Photographs of disrepair or hazards
Any local authority inspection or housing improvement notices
Defence Points
Written defence or statement explaining your circumstances(Essential)
Income and expenditure statement showing your ability to pay arrears by instalments(Essential)
The court can suspend a possession order on terms — you must show you can pay current rent plus arrears
Evidence of any procedural defects in the landlord's notice (incorrect notice period, wrong form, deposit not protected)
A procedurally defective Section 21 or Section 8 notice can invalidate the claim
Shelter or Citizens Advice letter confirming you have sought housing advice