You will need to give the correct notice to your tenant before you can apply to the court to evict them.

Serving your tenant with a section 8 notice 

You can give your tenant a section 8 notice if you have a reason which corresponds with at least one ground for possession set out in schedule 2 to the Housing Act 1988. The grounds are summarised at annex A.  You must serve the notice of possession correctly before 1 May 2026. If you do not, the notice will not be valid and the court will not be able to grant a possession order. 

Section 8 notices which use the grounds for possession as they exist before 1 May 2026 (see annex A) cannot be served on tenants on or after 1 May 2026. To regain possession of your property on or after 1 May 2026, you will need to use the new possession process. You will need to follow the guidance for the possession process on or after 1 May 2026. 

For a section 8 notice to be valid: 

• you must use Form 3 or a form to substantially the same effect and serve it on your tenants 

• it must include the right amount of notice 

• you need to set out fully the substance of the grounds on which you rely, it is best to do this by writing out in full the grounds in schedule 2 of the Housing Act 1988 which you are using to seek possession of your property 

Time limits for starting court action 

On 1 May 2026, the tenancy reforms of the Renters’ Rights Act 2025 will start. The tenancy reforms will create new grounds for possession. If you give, or have given, a section 8 notice to your tenant before 1 May 2026, then on or after that date you can only use it to start court proceedings up to and including whichever date comes first: 

• the date that is 12 months after the date you gave the notice 

• 31 July 2026 

If the tenant is in a breathing space 

Your tenant may enter a breathing space, which gives them legal protection from creditors.  

If you have served notice on a rent arrears ground (grounds 8, 10 or 11) you cannot start court proceedings for possession whilst the tenant is in a breathing space. If the section 8 notice would have expired during this time, or when the breathing space ends you have less than 8 weeks before the notice expires, the time limit for asking the court to issue possession proceedings will be extended. In those circumstances you will have 8 weeks from the date that the breathing space ends to start court proceedings.  

You can use two types of grounds when asking the court to evict a tenant. Information about the possession grounds which are available before 1 May 2026 and the notice periods you must give to use them can be found at annex A

Mandatory grounds 

If you prove the ground applies, the judge must order the tenant to leave.  

Examples include: 

• the tenant owes at least 8 weeks rent when the section 8 notice is served and at the time of the possession hearing 

• the tenant has been convicted of antisocial behaviour 

Discretionary grounds 

If you prove the ground applies, the judge can order the tenant to leave, but only if they think it is reasonable to do so. For example, the tenant has allowed the property or the furniture to deteriorate. 

The advice in this section of guidance applies to landlords who have given their tenant a fixed term at the start of the tenancy, typically of 6 or 12 months. At the end of the fixed term, the tenancy will roll over on a monthly basis, this is known as a statutory periodic tenancy.  

If you have had a periodic or rolling agreement in place with your tenant from the start of the tenancy, you should seek legal advice about serving a section 21 notice and when this notice expires. You should also seek your own legal advice about serving a section 21 notice if you have given a contractual periodic tenancy at the end of a fixed term. 

On or after 1 May 2026 the tenancy reforms of the Renters’ Rights Act 2025 will be in place. Section 21 evictions will be removed for existing and new tenancies under the new system.  

If you give a section 21 notice to your tenant before 1 May 2026, then on and after this date you can only use it to start court proceedings up to and including whichever date comes first: 

• the date that is 6 months after the date you gave the notice

• 31 July 2026

This limit is set by the Renters’ Rights Act 2025 and may shorten the time to start court proceedings compared to the 6-months period shown on the form.

If the earliest date that possession proceedings can begin in your notice is on or after 1 August 2026, it will be invalid for the purposes of issuing possession proceedings.  

In addition, your section 21 notice will only be valid if the tenancy is eligible:

• your tenant has an assured shorthold tenancy  

• on the date you give the notice at least 4 months have passed since the tenancy started  

You give notice under section 21 and give the correct notice period

• you give notice under section 21 (form 6A is the form prescribed for this purpose) 

• you need to give at least 2 months’ notice   

You have not recently received an improvement notice or notice of emergency remedial action from the council

• you did not receive an improvement notice or notice of emergency remedial works from the council in the last 6 months  

• if you received an improvement or notice of emergency remedial action notice, you must also have carried out the repairs before giving your tenants a section 21 notice 

• if you gave notice before the council issued an improvement notice or notice of emergency remedial action, your section 21 notice may still be valid 

The operation of the Renters Rights Act 2025 will prevent you from issuing a section 21 notice. An exception to this is if the improvement notice or notice of emergency remedial action is quashed, for example, on appeal, before 1 May 2026. 

You refunded any unlawful charges

• you repaid or properly accounted for any prohibited payments you took  

• the law says that you are only allowed to take certain permitted payments. These are set out in the Tenant Fees Act 2019 guidance for landlords 

You protected the tenant’s deposit - you put the deposit in a government-approved scheme?  

• you complied with the requirements of the scheme when you received the deposit

• you gave the tenant the required information about tenancy deposit protection 

You provided the following documents:

• a valid gas safety certificate (if there’s a gas supply) 

• an Energy Performance Certificate (EPC) 

• the correct version of the ‘How to rent’ guide at the time the tenancy began or was renewed 

You received or applied for a licence for the property from the local council, if the property needed one.

Providing proof of service 

You will need to show the court that you served notice correctly and gave the right amount of notice. This will help the judge to decide whether to grant a possession order. 

You will need to keep a copy of the notice for yourself if you wish to apply to the court for possession. 

You can fill out a certificate of service (N215) form and include that in the paperwork you send to the court. 

If your tenant has not left by the date in the notice, you can apply to the court for a possession order to evict them.  

If you are evicting a tenant under section 8, you will need to use the standard possession process. Depending on the reason you want to evict your tenant, you can use an online service or a paper-based service. 

If you are evicting a tenant under section 21, you can use the accelerated possession process or the standard possession process.  

If you make a possession claim using the standard process, there will be a court hearing which you will need to attend. You will need to use the standard process if you are seeking to evict your tenant under section 8. 

You can use the online service if you are evicting your tenant only for owing you rent. You will need to use the paper-based service if you need to evict your tenant for another reason under section 8. For example, if: 

• you need to move into your property 

• your tenant has broken the terms of the tenancy agreement 

• your tenant is engaging in antisocial behaviour 

See annex A for a full list of grounds for eviction. 

Both the paper-based and online services cost £404. 

Using the paper-based application process 

You must complete the forms accurately and include the correct evidence to support your claim. If you do not, you may have to start the process again. 

Fill in the paper standard possession claim form (N5) and the particulars of claim form (N119). You should post, email or deliver it to the county court that covers housing in your area. You can find the details online on the courts and tribunal website. You can also include a certificate of service (N215) form to give details about who you served notice on and how and when you did this.  

You must give the court at least one extra copy of each of the documents. The court will send these to your tenant. If the tenancy is in joint names, you will need to send an additional copy for each person. You should keep a copy for yourself.? 

Sending documents to court by email 

If you send your claim by email: 

• you can only send one email 

• it must not be bigger than 10 megabytes including attachments 

• the email and attachments must not be longer than 25 pages when printed 

Using the online service when a tenant owes you rent 

You can use the Possession Claim Online Service (PCOL), if you are only evicting your tenant for owing you rent.  

The service lets you fill in court forms online and you can see your claim progress. You will need to give proof of payments due and received for up to a maximum of two years. 

You can use the paper based service if you prefer. 

Contact the PCOL help desk if you need help or advice. 

Telephone: 0300 123 1056 - Monday to Friday 8:30am to 5pm Email: PCOLITassistance@justice.gov.uk 

What happens next? 

The court will:? 

• send your tenant a copy of your application and any other documents? 

• send you a notice of issue with your claim number – keep this safe for future correspondence? 

• set a date for the possession hearing? 

If your tenant wants to defend the possession proceedings they should send a defence to the court within 14 days of being served with the claim papers. In their defence they may explain why they think they should not be evicted.? 

The court will send you a copy of their defence, and you may want to seek legal advice.? 

An accelerated possession claim lets you evict a tenant more quickly than the standard process. You will not usually need to go to a hearing. 

You can apply for an accelerated possession order if your tenants have not left by the date in your section 21 notice. It costs £404.  

You will not usually be able to start court proceedings using section 21 on or after 1 August 2026. You won’t usually be able to apply for an accelerated possession order on or after this date. If you do, your claim is likely to be dismissed. 

You cannot claim for rent arrears within the accelerated procedure. If you want to claim for rent arrears you will need to either use the standard procedure or use the accelerated process and apply for a separate money order from the court to claim the rent arrears. 

In most cases, the judge will decide whether to make a possession order based on the documents you and your tenant have sent. Neither you nor your tenant will need to attend court. There will only be a hearing if your tenant contests the claim and the judge feels it is appropriate to consider your tenant’s defence.  

How to apply for an accelerated possession claim 

1. Download and fill in form N5B (for properties in England).

 

2. Send the completed form to the county court that covers the area where your property is. Find a court or tribunal. Include a copy of the form and any supporting documents for each person on the tenancy, and anyone else with an interest in the property.

 

3. Pay the court fee- see How to pay court fees below.  

 

4. Keep a copy of everything for your own records.

What happens next 

The court will: 

• send your tenant a copy of your application and any other documents 

• give them 14 days to respond 

• send you a notice of issue with your claim number, you should keep this safe for future correspondence  

If your tenant does not respond within the time allowed  

If your tenant does not respond within 14 days, you should fill in the bottom of the form the court sent to you and return it. This is known as the ‘written request for a possession order’. You need to send this to the court to request a possession order. A judge will then review your case and may make a possession order. 

A judge will decide either to: 

• make a decision on the papers, normally without a hearing

• have a court hearing. This usually only happens if your tenants raise a defence, or ask for more time to leave 

If your tenant sends a defence 

They may explain why they think they should not be evicted. In this case: 

• the court will send you a copy of their defence 

• a hearing date is likely to be set 

• you may want to get legal advice 

If your tenant agrees to leave but needs more time 

They can ask the court for extra time to move out if leaving the property quickly would cause them exceptional hardship. For example, if they: 

• have been in hospital 

• are seriously ill 

• have a disability and need an adapted home 

You will be sent a copy of their request. If you agree, write to the court to confirm. 

A judge may: 

• give the tenant up to 6 weeks to leave 

• set a hearing to consider their defence 

How to pay court fees 

You can apply for help with court fees either online or via paper.  

To pay the court fee you can: 

• send a cheque made payable to ‘HM Courts and Tribunals Service’ to the court with your completed paperwork 

• pay by credit or debit card over the phone by giving your telephone number in your email or covering letter 

• if you have set up a fee account with HM Courts and Tribunal Service, you can ask the court to charge the fee to this account. 

Fee accounts are for people who pay more than 12 court fees a year.  It helps fees to be paid quickly. Find out more about setting up a fee account.

What you need to do before the hearing 

For section 8 and section 21 cases where you have used the standard possession procedure, there will always be a possession hearing. In accelerated section 21 cases, where the judge is not satisfied on the papers that a possession order should be made, there will be a hearing. For example, if a judge needs to consider the tenant’s defence. The court will tell you the date of the hearing and give you extra information if needed. 

At least 14 days before the hearing, you should send a copy of all case documents to the court at the address provided: 

• include the claim form (N5) and particulars of claim form (N119) 

• include any other documents and statements you want to submit to the court to support your claim 

• include a copy of the tenant’s defence if they submitted one 

Court hearings for possessions are usually held in the county court that deals with the area where your property is located. You should let the court know as soon as possible if you have any special requirements. For example, if you need extra assistance to access the building or engage with the hearing.  

Before attending a hearing, it is important that you know what to expect when coming to a court or tribunal. 

You should bring copies of the relevant paperwork to the possession hearing.  

Before the possession hearing, the court will: 

• send your tenant a copy of your application and any other documents 

• send you a notice of issue with your claim number – keep this safe for future correspondence 

• set a date for the possession hearing 

• If your tenant wants to defend the possession proceedings they should send a defence to the court within 14 days of being served with the claim papers. In their defence they may explain why they think they should not be evicted. 

The court will send you a copy of their defence, and you may want to seek legal advice. 

At the hearing the judge might: 

• adjourn the hearing - it will be moved to a later date (this happens if a judge believes a decision cannot be made on the day) 

• dismiss the court case - no order will be made and the hearing will end 

• make a ‘possession order’ - the judge will make a ruling on whether your tenant should leave your property or whether they can stay subject to conditions 

The judge will dismiss the case if there’s no reason your tenants should be evicted. This might also happen if: 

• you have not followed the correct procedure 

• you or your representative do not attend the hearing 

• your tenants have paid any rent that was owed 

If the judge dismisses the case, you:

• will not be able to apply for enforcement. Your tenants will be able to stay in the property
• may be ordered to pay the tenant’s legal costs to defend the claim

Depending on the reason for dismissal, you may be able to continue to seek possession but you will have to re-start the possession process. You may want to get legal advice first.

• applies to set aside the possession order