County court possession claim: a step by step guide

Why it matters

Each stage has a fee, a form and a realistic timescale. Knowing the sequence lets you budget properly and avoid the delays that come from incomplete paperwork.

Legal requirements

• A claim is issued in the county court, usually the hearing centre for the district where the property sits.
• The claim form must be accompanied by the notice, the tenancy agreement and the evidence for each ground.
• The tenant has a period to file a defence, and non attendance does not guarantee an immediate order.
• Only a county court bailiff or a High Court enforcement officer may carry out the eviction.

Common mistakes

• Issuing before the notice period has genuinely expired.
• Filing without the deposit protection and prescribed information evidence.
• Missing the hearing or sending someone with no authority to speak.
• Attempting to remove the tenant yourself once the order date passes.

Practical guidance

• Prepare a bundle with the agreement, the notice, proof of service, the rent schedule and compliance certificates.
• Check the arrears figure again the day before the hearing and take an updated statement.
• Consider possession by online claim where the route is available to you.
• Apply for the warrant promptly if the order date passes, because bailiff appointments are booked out.

The hearing itself

Most first hearings are short, often ten minutes or less. The judge checks the notice, the service, the ground and the evidence, then hears the tenant. On mandatory grounds where the facts are proved the order follows. On discretionary grounds the judge may make a suspended order that allows the tenant to stay while paying the rent plus an amount off the arrears. Take two copies of every document, arrive early and be ready to explain the rent account in plain numbers.

Enforcement after the order

A possession order gives a date, commonly fourteen days ahead and up to six weeks in cases of exceptional hardship. If the tenant remains, you apply for a warrant of possession and the county court bailiff sets an appointment. Transfer to the High Court for enforcement by a sheriff is faster in some cases but needs permission and costs more. Never change the locks yourself, because unlawful eviction is a criminal offence and exposes you to a damages claim.