How To Apply for Possession
Overview
What this guide covers
This guide explains how to apply to court for a possession order after a Section 8 notice has expired and the tenant has not vacated. It covers the N5 claim form, Possession Claim Online (PCOL), court fees, the hearing process, and what to do if the tenant still does not leave after a possession order is granted.
Who it is for
Landlords in England who have served a valid Section 8 notice and the tenant has not vacated by the date specified.
What this guide does not cover
- –Serving the initial Section 8 notice (see the How to End a Tenancy guide)
- –Accelerated possession procedure (only available in limited circumstances)
- –Possession proceedings in Wales or Scotland
Before you start, you will need:
- ·A valid Section 8 notice that has expired
- ·Proof of service of the Section 8 notice
- ·Evidence supporting the ground(s) relied on
- ·The court fee (check current fees on GOV.UK)
When To Use This Guide
Use this guide when:
- ✓You have served a valid Section 8 notice and the notice period has expired
- ✓The tenant has not vacated by the date specified in the notice
- ✓You want to understand the court process before serving notice
Do not use this guide if:
- ✗The notice period has not yet expired — you cannot apply to court until it has
- ✗You have not yet served a Section 8 notice — serve the notice first