Guidance on Hearing for Landlord and Tenant

Possession Hearing

At the Court hearing the court may make following decision:

  • Dismiss Case; in appropriate cases the court no order will be made and the hearing will end
  • Adjourn the hearing: it will be moved to a later date (this happens if a judge believes a decision cannot be made on the same day)
  • Make an ‘order’: A judge will make a decision either in the favour or Landlord or Tenant and will also direct the parties as well.

Dismissing a Claim/Case

A case will be dismissed where a Judge finds that there is no reason or ground on the basis of which a tenant must be evicted.

Common Example

  • Landlord has not followed the correct procedure
  • Landlord or his Solicitor did not attend the hearing
  • The tenant has paid any rent that was owed where the claim was based on rent arrears

The tenant can stay in the property if the judge dismisses the case. The landlord has to restart the court process from the beginning if he/she still wants to evict the tenant.

Orders

The judge can make following orders after hearing the case

  • Order for possession (or ‘outright possession order’), which means that the tenants must leave the property before the date given in the order. The date is generally either 14 or 28 days after the court hearing.

Warrant of Possession

The landlord can ask the court to evict the tenant with a ‘warrant for possession’ if the tenant does not leave the property by the date given in the order. If the court gives a warrant, the tenants will be sent an eviction notice with a date by when the tenant has to leave the property.

Suspended Order For Possession

The Judge may also order a Suspended order for the possession. It means that the tenant can stay on the property as long as they make the payments, or follow the terms and conditions set out in the order. A Landlord will seek for possession where a tenant is in breach of the conditions of the order.

Money Order

The court may ask the tenant to pay a specified amount to the landlord under Money Orders. The courts could take action if the Tenant does not make the payments,

Common Actions

  • deducting money from the tenants’ wages or bank accounts
  • sending bailiffs to take away things they own

A Landlord will seek for possession where a tenant fails to pay the amount of money ordered to pay.

Possession Orders With A Money Judgment

A judge can add a money judgment to any of the possession orders. This means that the tenant has to vacate the property and pay the money as well, which is due under:

  • Rent Arrears
  • Court Fees
  • Landlord’s legal costs

The money judgment will apply if the tenant does not pay the amount set out in the suspended possession order which is linked to the judgment. If the tenant does not pay, the landlord can ask the court to carry out the instructions in the order and the judgment.

Where a tenant has already paid the arrears and any other amount set out in a suspended possession order, a Judge will not give money order.

Appealing against the decision

A landlord can appeal against the decision of the court provided he/she can prove that Judge has made a mistake in the original possession hearing. However, it is important to note that the landlord has to ask the judge for permission to appeal at the end of the hearing.

Disclaimer

While every effort has been made to ensure the accuracy of the information provided in this article, it does not constitute legal advice and cannot be relied upon as such. Each legal case and issue may have unique facts and circumstances, as a result legalally does not accept any responsibility for liabilities arising as a result of reliance upon the information provided. For further help and guidance, you can always rely on and seek advice from our experienced lawyers.