Standard possession claims — How the court process works

Once a Section 8 notice has expired and the tenant has not vacated, the next step is to issue a possession claim at the county court. This guide explains what forms are needed, how to issue the claim, what happens before and at the hearing, and what fees to expect. Reviewed March 2026.

What the rule is

After the notice period on a Section 8 notice has expired, a landlord must apply to the county court for a possession order if the tenant remains in the property. The court will list the case for a hearing (standard route) at which both parties can present their case. The court then decides whether to grant possession.

There are two court routes for possession claims in England:

Standard possession procedure: Used for Section 8 claims. Always involves a hearing. The judge hears the evidence and decides whether to grant an outright possession order, a suspended possession order, or dismiss the claim.

Accelerated Possession Procedure (APP): Available only for Section 21 claims (no-fault eviction). This route allows possession to be granted without a hearing in many cases. The APP is abolished from 1 May 2026 when Section 21 is removed.

When it applies

The standard possession procedure applies whenever a landlord seeks possession based on Section 8 grounds in England. From 1 May 2026, it applies to all possession claims, as the APP is abolished.

What landlords must do

Step 1 — Confirm the notice period has expired. Do not issue a claim before the date specified on the Section 8 notice as the earliest date for proceedings.

Step 2 — Complete form N5. Form N5 (Claim for Possession of Property) is available from GOV.UK and HMCTS. You will also need to complete form N119 (Particulars of Claim for Possession — rented residential premises), which sets out the details of the tenancy and the grounds for possession.

Step 3 — File at the correct county court. Possession claims for residential tenancies must be issued at the county court for the area where the property is located. Claims can be made online via the Possession Claims Online (PCOL) portal or by post.

Step 4 — Pay the court fee. The court fee for a standard possession claim is currently £391. If money is also owed (e.g. rent arrears), an additional money claim fee applies depending on the amount.

Step 5 — Serve the claim on the tenant. The court will usually serve the claim and the hearing notice on the tenant. Confirm this with the court — in some circumstances landlords are required to serve.

Step 6 — Prepare for the hearing. The court will set a hearing date, usually 4–8 weeks after the claim is issued (though backlogs mean this can be longer). Gather all your evidence and prepare to attend.

What evidence to keep

• Completed Form N5 and N119 (copies for your records)
• Proof of court filing and fee payment
• Section 8 Form 3 notice and proof of service
• All evidence supporting the grounds: rent statement, ASB log, breach correspondence
• Tenancy agreement (signed copy)
• Any previous written warnings or cure notices sent to the tenant
• Proof of all compliance documents provided at tenancy start (deposit certificate, EPC, gas safety, How to Rent)

Common mistakes

Issuing the claim before the notice period expires. The court will reject a claim if proceedings are issued before the date stated on the Section 8 notice. Always double-check the date.

Using incorrect forms. Using N5B (the accelerated form, for Section 21 only) for a Section 8 claim will cause the claim to be rejected. Use N5 and N119 for Section 8.

Not serving the claim. If the court does not automatically serve the claim, and the landlord also fails to serve it, the hearing may be vacated.

Failing to update the court on arrears. If arrears have changed since the claim was issued, update the particulars before the hearing — the judge will want current figures.

Not attending the hearing. If a landlord fails to attend without applying for an adjournment, the claim may be dismissed.

Timescales

From issuing the claim to the first hearing, expect at least 4–8 weeks, though in busier court areas this can be 3–5 months. If possession is contested, further hearings may be needed, adding more time. Landlords should budget for a process of several months from notice to final possession in contested cases.

FAQ

Can I issue a possession claim online? Yes — the Possession Claims Online (PCOL) portal (https://www.possessionclaim.gov.uk/) allows landlords to issue, track, and manage possession claims online.

What if the tenant makes a defence? If the tenant files a defence, the case will usually be listed for a full hearing where both parties present their evidence. The judge will consider both sides before making a decision.

Can I claim rent arrears in the same proceedings? Yes — you can claim for rent arrears as part of the possession claim. Include the money claim in the N5 and N119. The court may grant both a possession order and a money judgment.

What happens if the tenant leaves before the hearing? If the tenant vacates before the hearing, you should notify the court to have the claim stayed or dismissed. There is no need to pursue a possession order if the property is already vacant.

Is there a faster route for urgent cases? For cases involving serious antisocial behaviour, Ground 14 allows possession to be sought immediately after notice is served (no waiting period). The claim can be issued the same day the notice is served, though the court still needs to list a hearing.