Everything you need to know about housing possession hearings
If you’ve received a letter telling you to attend a court hearing at Wandsworth, Kingston or Croydon County Court related to a housing possession, you’ve probably got a lot of questions.
You may also be feeling anxious about your court hearing. But there’s lots of support out there to help you prepare. You could even be eligible for free legal advice, so don’t be afraid to reach out for help.
The most important thing to remember is that you must turn up to your hearing. You might be tempted to avoid attending court, but it’s your chance to have your say. If you don’t turn up, you will be at greater risk of losing your home. Some people have even ended up homeless after not attending a court date.
If you do attend court, even if you haven’t asked for legal help before your hearing date, we may be able to help you.
Before you go to court
We recommend getting professional legal advice as early as possible before your court hearing. This can help you get a better outcome when you attend the hearing.
Depending on your situation, you might be eligible for Legal Aid. This means you can receive legal advice and representation in court, either free of charge or at a reduced cost.
You can check if your problem is eligible for Legal Aid online. If you are eligible, you can then start looking for a legal advisor who can help.
The Housing Loss Prevention Advice Service is designed to help people who can’t afford legal support.
You can find a Legal Aid advisor that specialises in housing by filling in this form and selecting ‘Housing Loss Prevention Advice Service’.
Accessing money advice
If your court hearing is related to rent arrears, you might want to get some expert money advice before your hearing. This can help you prepare, and show the court that you can afford any offer of repayment you want to make.
You might also be eligible for the Breathing Space Scheme. This gives people who are in rent arrears time to deal with debt. During this 60-day period, you can’t be evicted from your home.
While you’re on the scheme, you need to work with a money advisor. They will help find ways to deal with your debts and reduce your rent or council tax arrears.
Our Money Advice Team can help you apply or to handle your debts in other ways. You can request a free money advice appointment by filling in this form.
Free legal advice and representation at court
One of the free legal services we offer is a Housing Possession Court Duty Scheme. It runs at Croydon, Kingston and Wandsworth County Courts.
If you don’t already have a solicitor to represent you, our specialist duty housing experts may be able to help. They can offer free legal advice and representation on the day of your hearing.
They can help you understand your rights, speak on your behalf and represent you in court. This service is available regardless of your income, and our team is there to try to help save your home.
How to access our help
Our team of duty advisors, along with experts from Southwark and Law Centre, is based at Croydon, Kingston and Wandsworth County Courts.
The Housing Possession Court Duty Scheme is available on the following days:
Croydon County Court – Wednesdays and Fridays from 9.30am
Kingston County Court – Mondays and Tuesdays from 9.30am
Wandsworth County Court – Wednesdays from 9.30am. Hammersmith & Fulham Law Centre attends on Mondays.
If you need advice from a duty adviser, you should attend court at least 30 minutes before your allotted hearing time.
Hearings are generally arranged on days when there are duty advisors available. There are some exceptions, which is why it’s a good idea to ask for legal help before the day of your hearing.
What you need to bring
To help our advisors to help you, you must bring any documents related to your case to court. Without them, it will be more difficult for us to help you.
The documents you should bring with you include:
- Court papers – for example, your claim form and any defence you have filed.
- Any letters or emails you’ve received about your housing issue.
- Benefits, rent and bank statements.
- If the issue is about missing payments, bring any proof you have that they’ve been made.
- A list of key facts and dates. If you write these down before your hearing, it will help your lawyer to work out the best plan of action.
What to expect when you arrive at court
If you’ve never been to court before, it can be a bit nerve-wracking. When you arrive, you’ll have to go through security – a bit like at an airport. They’ll check your bags and do a body scan. Anything you’re not allowed to take into court will be handed back to you when you leave.
Once you’re through security, you’ll meet with an usher. The usher is there to make sure all court proceedings run smoothly. They’ll ask if you want to speak with one of our court duty advisors. You can also tell them if you have any extra needs, like a translator.
The court duty advisor will then speak with you about your case to get all the details they need. They often don’t have a lot of time to prepare, so make sure you’ve got all your documents to hand, and are ready to explain the key points of your case.
What happens next
Your advisor will try to negotiate with your landlord’s representative to see if an agreement can be reached. If so, the agreement will be presented to the judge by your advisor.
If your advisor can’t reach an agreement, they will represent you in a courtroom. You won’t have to speak yourself.
The judge will then make their decision. You’ll leave the courtroom, and your advisor will explain the outcome to you.
You’ll also receive a letter the week after your hearing, explaining the outcome again and letting you know what steps you need to take next.
If you’ve received a housing court hearing date, you don’t have to go it alone.
We’re here to help, so get in touch today. To support our court duty service and help someone in need to access justice, here’s how you can support our work.