This only comes up 'on the giving of a possession order.' If it's 'accelerated,' which means 'no hearing,' then the order must be a 14-day order maximum unless the tenant claims that a 14-day order would create exceptional hardship. The tenant would do this by completing the relevant box on the defense form, which they receive, and most do. Why? The defense form lays out questions that spark the tenant to complete it, hoping it will scupper the claim. Did you receive the notice? No. Did you receive the How to Rent guide? No. Do you want 42 days instead of 14? Yes.

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Some of these questions are positively stupid because you don't have to show they received it, as 'served' means 'sent,' not received. Yet they invite these arguments on the defense form, which is why providing proof of service and a meticulously created set of court papers is so important.

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We try to prevent the need for any hearings.