Applying for a possession order is a key step for landlords who want to regain possession of their property. In this guide, we'll walk you through how to apply for a possession order in the UK, the differences between Section 21 and Section 8 notices, and what to expect during the process.
Section 21 vs. Section 8: Does the process differ?
A Section 21 notice and a Section 8 notice are the two main ways landlords can start the eviction process, but they serve different purposes and have distinct processes:
Section 21 notice: Commonly referred to as a 'no-fault eviction', a Section 21 allows landlords to regain possession without providing a reason (as long as the fixed term of the tenancy has ended or the agreement allows for it).
Section 8 notice: A Section 8 is used when tenants breach the terms of their tenancy agreement, such as falling into rent arrears.
The process for applying for a possession order varies depending on whether you’ve issued a Section 21 or Section 8 notice.
Applying for a possession order after a Section 8
If you’ve served a Section 8 notice and the tenant has not vacated the property by the deadline, the next step is to apply for a possession order through the courts. The Section 8 process is often more complex than the Section 21 process due to the requirement to prove specific breaches of the tenancy agreement. Let's look at what’s involved:
Understanding the grounds for possession
When serving a Section 8 notice, you must state the grounds under which you’re seeking possession. These are outlined in Schedule 2 of the Housing Act 1988 and fall into two categories:
Mandatory grounds
If proven, the court must grant a possession order. For example:
Ground 8: The tenant has rent arrears of at least two months (if paying monthly) or eight weeks (if paying weekly).
Ground 7A: The tenant has been convicted of a serious criminal offence related to the property or neighbourhood.
Discretionary grounds
The court has the discretion to decide whether to grant possession. For example:
Ground 10: The tenant has some rent arrears but not enough to meet the mandatory threshold.
Ground 12: The tenant has breached terms of the tenancy other than rent obligations.
💡Editor's tip: Try to provide detailed evidence to support your claim, particularly for discretionary grounds. This could include copies of rent statements, photographs of property damage, or complaints from neighbours.
Filing the possession claim
Once the Section 8 notice has expired and the tenant has not left, you can file a possession claim in the county court. Here are the steps involved:
Complete the required forms: You’ll need to fill out the following forms including Form N5 and Form N119.
Pay the court fee: The fee for a standard possession claim is currently £391 (as of January 2025). If you’re claiming rent arrears or damages alongside possession, additional fees may apply.
Serve the claim on the tenant: Once your claim has been submitted, the court will send copies of the claim forms to the tenant. The tenant has 14 days to respond by either accepting the claim or defending it.
Court hearing process
For Section 8 claims, a court hearing is almost always required. If the court is satisfied with your evidence, they will grant a possession order. At the hearing:
You’ll need to present evidence of the breach(es) of the tenancy agreement.
The tenant can provide a defence, such as disputing the breach or claiming that you failed to meet your landlord obligations (e.g. not repairing the property).
Applying for a possession order after a Section 21
If your tenant hasn’t left the property after being served a Section 21 notice, the next step is to apply for a possession order. The process for a Section 21 possession claim is typically simpler than that of a Section 8 claim, especially if you’re eligible to use the accelerated possession procedure.
Accelerated possession procedure
The accelerated possession procedure is a quicker and more straightforward process that doesn’t usually require a court hearing. It’s available for landlords who:
Are only seeking possession and not claiming rent arrears.
Have a written tenancy agreement in place.
Have served a valid Section 21 notice and complied with all legal requirements (e.g. providing the tenant with an EPC, gas safety certificate, and "How to Rent" guide).
Filing the claim
Complete the required form: You’ll need to fill out Form N5B, which is the accelerated possession claim form. This form allows you to outline details of the tenancy and confirm that you’ve met all the legal requirements for serving a Section 21 notice.
Submit supporting documents: Along with Form N5B, you’ll need to provide: a copy of the signed tenancy agreement, evidence that you served the Section 21 notice and copies of required documents, such as the EPC, gas safety certificate, and "How to Rent" guide.
Pay the court fee: The fee for an accelerated possession claim is £391 (as of January 2025).
💡Editor's tip: Double-check your paperwork before submitting it. Errors in the notice or missing documents can result in delays or even dismissal of your claim.
What happens next?
Once you’ve submitted your claim, the court will review your application. If everything is in order, the court will issue a possession order without a hearing. The tenant will then be given a deadline (usually 14 days) to vacate the property. However, if the tenant disputes the claim or the judge identifies an issue, the court may schedule a hearing to resolve the matter.
Standard possession procedure
If you’re claiming rent arrears alongside possession, you’ll need to use the standard possession procedure instead of the accelerated procedure. This involves:
Completing Form N5 and Form N119.
Providing evidence of the rent arrears (e.g., rent statements or payment history).
Attending a court hearing where you’ll present your case to a judge.
What court should you apply to?
When applying for a possession order, you can use the government online service. Otherwise, you must submit your claim to the county court covering the area where the property is located. There are two primary types of possession procedures:
💡Editor's tip: Be sure to check if your chosen court handles housing possession cases, as not all courts do.
What happens at the court hearing?
If your possession claim proceeds to a court hearing (typically under the standard procedure), here’s what to expect:
Attendance: Both the landlord and tenant are expected to attend the hearing. If the tenant doesn’t attend, the judge may decide in the landlord’s favour by default.
Presenting evidence: As a landlord, you’ll need to present evidence to support your claim. This includes the tenancy agreement, proof of notice service, and any other relevant documentation (e.g. rent arrears records or evidence of antisocial behaviour).
Judge’s decision: The judge will consider the evidence and decide whether to grant the possession order.
If the court grants the possession order, tenants are typically given 14 days to vacate the property. In exceptional circumstances, this can be extended to six weeks if the tenant proves that leaving sooner would cause exceptional hardship. If the tenant still doesn’t leave, you can apply for a warrant of possession to have bailiffs remove them.
FAQs
How long does it take to get a possession order?
The timeline varies depending on the type of possession procedure:
Accelerated possession procedure: Typically takes 6–8 weeks if there are no complications or disputes.
Standard possession procedure: This can take several months, especially if there’s a backlog at the courts or if the tenant defends the claim.
How much does it cost to apply for a possession order?
As of January 2025, the court fee for filing a possession claim is:
£391 for a standard possession claim.
£391 for an accelerated possession claim.
Additional fees may apply if you need to enforce the order using bailiffs.
What happens if the tenant contests the possession order?
If the tenant defends the claim, the process can take longer, as the court will need to assess the defence before making a decision. Common defences include:
The notice was not served correctly.
The landlord didn’t meet legal obligations, such as providing gas safety certificates or protecting the tenant’s deposit.
Can I evict tenants without going to court?
In most cases, no. Landlords must follow the legal process, which involves serving the appropriate notice and, if necessary, applying to the court for a possession order. Evicting tenants without a court order is considered illegal and can result in penalties.
Final thoughts
Understanding how to apply for a possession order in the UK is essential for landlords looking to regain possession of their property legally and efficiently. While the process can sometimes be lengthy, especially if court hearings are required, preparing accurate documents and evidence will improve your chances of a successful outcome.
If in doubt, seek advice from a legal professional or housing expert to guide you through the process. Get in touch today for a free fixed-fee quote and to see how our landlord solicitors can help.
References
Possession hearings from Gov.UK
Disclaimer: Please note this article is intended for informational purposes only. This article does not advise on a specific situation, and we do not accept any liability for errors, omissions or misstatements. Always seek advice from a professional.
