How to be best prepared for a possession hearing as a landlord

Ahmed Ali Khan, solicitor at NRLA recognised supplier Regency Solicitors, shares practical tips for landlords on preparing for a court hearing.

During my training, I asked a Barrister, who had been a mainstay at the High Court for over 15 years, why he never pursued becoming a Judge. He replied, “I don’t have the patience for it. Litigants in person are often unrepresented and unprepared, and I would lose my temper having to explain the same things repeatedly.”

So, why do Judges get frustrated, and what tips would I recommend?

The Key: Evidence and Preparation

The crux of successful preparation can be boiled down to two words: evidence and preparation. Having represented landlords in court, I cannot overstate the importance of presenting solid evidence to the Judge. To avoid hearing, “I never received it, Judge,” you must be meticulously prepared with documentation.

Legal Representation

As a solicitor, I always recommend having legal representation. It simplifies the Judge’s job and reduces the risk of your case being adjourned, which can delay the process by weeks or even months.

How to Effectively Present Evidence

Preparation starts before the tenancy begins. Implement checklists and procedures to ensure the tenant acknowledges receipt of all necessary documents, such as:

• Current gas safety certificate
• Energy Performance Certificate (EPC)
• Current "How to Rent" guide
• Deposit certificate signed by both parties
• Prescribed information regarding the deposit
• Display of gas safety certificate if it's an HMO
• Signed Tenancy Agreement
• Hard copies of all documents provided to the tenant

Imagine standing before the Judge while your tenant claims they never received a particular document. If your solicitor can present a signed checklist, an email confirmation, or a tracked and signed Royal Mail slip as evidence, it significantly strengthens your case. The Judge, assessing on the balance of probabilities, will likely grant the order you are seeking.

Practical Tips for the Hearing

• Arrive Early: Sign in with the usher. Possession hearings are scheduled in blocks, so if your hearing is listed at 10.00:00 amAM, expect several other cases to be scheduled at the same time, each allocated roughly 10 minutes.
• Be Organised: Have all your evidence readily accessible. Given the brief duration of the hearing, your evidence must be concise and well-organised.
• Consult Your Solicitor: Ensure your solicitor has all pertinent details well before the hearing.
• Maintain Composure: When you are before the Jjudge, do not interrupt and speak out even if you hear an outrageous lie, let your solicitor make the representations on your behalf and try and be as calm as possible. 

For further advice, please visit us at www.regencysolicitors.com