This post is aimed at landlords, letting agents and property managers – especially following the new Renters’ Rights Act that came into force on 1st May 2026.
If the Section 8 notice period has expired and the tenant has not left, the landlord must file a possession claim with the court using forms N5 and N119 – and pay a court fee of £404.
The court sets a hearing date, a judge decides whether to grant a possession order, and – if the tenant still does not leave – the landlord applies for a warrant of possession to enforce the eviction.
Below, I’ll go further into detail on specific questions.
Understanding the terminology: notice, claim, order and warrant
Four terms run through the Section 8 possession process.
Landlords frequently confuse them.
- Section 8 notice: This is the formal document served on the tenant. It sets out the grounds for possession and gives the tenant a period to leave – the court is not involved at this stage.
- Possession claim: This is filed with the court after the notice period expires and the tenant has not left – this is the first point of contact with the court.
- Possession order: This is what the judge grants at the hearing. It legally requires the tenant to leave by a specified date.
- Warrant of possession: This is applied for if the tenant does not leave after the order. It authorises a bailiff or High Court enforcement officer to carry out the physical eviction.
For a full explanation of the Section 8 grounds that give rise to a possession claim, see our complete guide to Section 8 grounds for possession.
What compliance checks do you need before filing a possession claim?
Two requirements are direct bars to possession under the Renters’ Rights Act 2025:
- A court cannot grant a possession order if the tenant’s deposit is unprotected
- Nor if the landlord has charged a prohibited payment or excess deposit that has not been refunded
The Renters’ Rights Act 2025 also establishes the Private Rented Sector (PRS) Database. Landlords must be registered on the database to serve a valid possession notice – except for grounds involving anti-social behaviour.
Registration requires evidence of compliance with gas safety, EPC and electrical safety (EICR) requirements. An unregistered landlord cannot access the court system.
Non-compliance carries significant penalties.
Landlords who let or advertise an unregistered property may face civil penalties of up to £7,000 – rising to £40,000 for repeated or serious breaches.
In some cases, including continued failure to register after a financial penalty has been imposed, tenants may also apply for a Rent Repayment Order.
How do you file a possession claim?
A standard possession claim is filed using form N5 (claim form for possession of property) and form N119 (particulars of claim for possession). Both forms go to the local county court that deals with housing possession closest to the property.
For possession claims based solely on rent arrears, the Possession Claims Online (PCOL) service is an alternative to paper forms.
The court fee for filing a standard possession claim is £404.
If you need assistance with filing a possession claim, read more here about how Strikes can help you serve a notice under Section 8.
Does the tenant receive a copy of the possession claim?
The court serves the possession claim on the tenant — not the landlord.
Once the claim is filed, the court issues a notice of issue containing the claim number. The landlord should keep this for all future correspondence with the court.
The court also sets the hearing date at this point and notifies both parties. If the tenant disagrees with anything in the claim, they can file a defence form with the court. The court then sends the landlord a copy of that defence.
What happens after you file and how long does it take?
The court sets the hearing date after the claim is processed. Wait times vary by court and workload.
In theory, a hearing will be set within four to eight weeks. However, in reality, the wait between filing and the hearing can be up to three months.
London courts sit at the longer end of that range.
The hearing itself is short.
What happens at the possession hearing?
The first hearing typically lasts around 15 minutes.
The judge can take one of four actions:
- Grant a possession order
- Make a money order
- Adjourn the hearing to a later date
- Dismiss the case
The judge will dismiss the case if no valid reason for eviction exists — or if the landlord has not followed the correct procedure, has not attended the hearing or the tenant has cleared the rent arrears before the hearing date.
Example: Tenant doesn’t file a defence and leaves after possession order granted
A landlord serves a Section 8 notice on grounds of rent arrears. The tenant does not leave and does not file a defence. At the hearing, the judge grants an outright possession order giving the tenant 14 days to leave. The tenant vacates within that period. No warrant is required.
What if the tenant files a defence?
If the tenant files a defence, the court sends a copy to the landlord. Both sides are then heard at the hearing.
In practice, landlords may not receive the defence until 48 hours before the hearing – sometimes not until the hearing day itself. The defence can raise a range of objections, from disputing the arrears figure to making a counter-claim against the landlord.
Experienced representation at the hearing matters.
Strikes briefs and manages solicitor advocates directly, drawing on a network of experienced solicitors engaged on a case-by-case basis.
What kind of possession order can a judge make?
The judge can make three types of order:
- Outright possession order: This requires the tenant to leave by a specific date – 14 days from the hearing in most cases. If the tenant does not leave, the landlord applies for a warrant of possession.
- Suspended possession order: This allows the tenant to remain in the property if they meet the conditions set by the judge — such as paying ongoing rent plus a contribution toward arrears. Breach of those conditions gives the landlord grounds to apply for a warrant.
- Money order: This requires the tenant to pay a specified sum — covering arrears, court fees and legal costs — but does not require them to leave. The judge can attach a money order to either type of possession order.
Can the judge give the tenant more than 14 days?
Yes, where a tenant demonstrates special circumstances. For example, if they have a child sitting their GCSEs or A-levels, or if they have a health condition or a disability, the judge may extend the possession date to 30 or 42 days.
With over 20 years as a certificated enforcement agent (bailiff) and since founding Strikes in 2012, I’ve seen tenants try all sorts of things to get an extension. It can take specific steps to stop the process stalling.
I’d rather not detail the tenants’ tactics here – but if you’re looking for specialist advice, you can contact me here.
Example: Tenant asks judge to extend possession date
A landlord obtains a possession order. The tenant does not dispute the grounds but argues at the hearing that their child is sitting their GCSEs and 14 days is insufficient time to find alternative accommodation. The judge grants a 42 day possession date. The tenant vacates on the extended date without further action required.
What happens if the judge dismisses the case?
Dismissal means no possession order is made and the tenant can remain in the property.
The judge may also order the landlord to pay the tenant’s reasonable costs. If the landlord still wants to pursue possession, the entire court process must restart from the beginning.
This is why correct procedure from the outset matters. A dismissed case does not just delay possession – it resets it entirely.
What happens if the tenant doesn’t leave after the possession order?
If the tenant does not leave by the date given in the outright possession order, the landlord applies to the court for a warrant of possession.
When the court issues a warrant, it sends the tenant an eviction notice stating the date they must leave and a bailiff carries out the eviction on that date if the tenant has not vacated.
A warrant of possession can be applied for up to six years after the possession order is made. After six years, court permission is required before applying.
How do you apply for a warrant of possession?
The form used depends on the type of possession order and the nature of the breach.
See the table below to learn more about which form to use, depending on your circumstances:
| Situation | Form to use |
| Tenant did not leave by the date in an outright possession order | N325 |
| Tenant broke the terms of a suspended order (rent arrears or other money) | N325A |
| Tenant broke the terms of a suspended order (other than arrears or money) | N244 |
| Outright or suspended order for rent arrears (original claim via PCOL) | Possession Claims Online service |
Source: https://www.gov.uk/evicting-tenants/if-tenants-do-not-follow-a-possession-order
The fee for a warrant of possession is £148.
Once issued, the court sends the landlord a warrant number and an EX96 notice of appointment form confirming the eviction date.
Any required forms must be returned to the court at least three working days before the eviction date, or the eviction may be cancelled.
Can you transfer to the High Court for faster enforcement?
Yes, the landlord can transfer the warrant from the county court to the High Court – a process known as obtaining a writ of possession.
This allows a High Court enforcement officer, rather than a county court bailiff, to carry out the eviction.
High Court enforcement is faster. County court bailiff queues regularly extend the process by several months.
County court permission is required to transfer. Where permission was not granted as part of the original possession order, an application using form N244 is required before transfer can proceed.
Example: Landlord transfers enforcement to High Court
A landlord obtains an outright possession order but the tenant does not leave. The landlord applies for a warrant of possession and, with county court permission, transfers enforcement to the High Court.
A High Court enforcement officer attends the property and completes the eviction significantly faster than the county court bailiff queue would have allowed.
What can a tenant do to delay or challenge the process?
Tenants have options at every stage:
- At the claim stage, a tenant can file a defence – disputing the grounds, the arrears figure or the landlord’s compliance (a counter-claim against the landlord is also possible at this point)
- At the hearing, a tenant can argue for an extended possession date based on special circumstances – a tenant who accepts the grounds but needs more time may ask the judge for 30 or 42 days rather than the standard 14.
After a warrant is issued, a tenant can apply to suspend it. A successful application cancels the eviction and sends the case to a further hearing – which can take weeks or months to be listed.
The process gives tenants significant room to delay.
Experienced representation and correct procedure from the outset give landlords the best chance of keeping the process on track.
Court fees: quick reference
| Stage | Fee | Form(s) |
| Filing a standard possession claim | £404 | N5 + N119 |
| Applying for a warrant of possession | £148 | N325, N325A, or N244 |
| Filing a notice of appeal | £171 | Appellant’s notice |
How Strikes Property Services Group can help
Tenants are aware of the possession process and of the timelines involved. Delays caused by incorrect paperwork or missed compliance checks give tenants more time in the property and leave landlords exposed.
I founded Strikes Property Services Group in 2012 after a career as a certificated enforcement agent. I understand possession claims inside out. My team handles both Section 8 notice serving and possession orders under the Renters’ Rights Act 2025 rules.
Key deliverables when working with Strikes:
- Section 8 notice preparation and serving — correctly cited, correctly timed
- Possession claim filing and court pack preparation
- Solicitor advocate briefing and management for possession hearings
- Warrant of possession applications — county court and High Court routes
- End-to-end support from notice to vacant possession
If you need help with the Section 8 possession process, contact Strikes Property Services Group today.
