How to Make Your First Section 8 Possession Claim in 2026 — Step-by-Step Guide

Section 21 no-fault eviction ended on 1 May 2026. If you need a tenant to leave your property and they are unwilling to go, you now have only one route: Section 8. This guide takes you through every step of a Section 8 possession claim — from choosing the right ground to enforcing the possession order.

Step 1 — Choose the right Section 8 ground

Schedule 2 of the Housing Act 1988 (as amended) lists the grounds for possession. Mandatory grounds (where the court must grant possession if the ground is made out) include:

• Ground 8 — mandatory rent arrears: At least 2 months' rent is owed both at the date of service of the Section 8 notice AND at the date of the hearing. This is the most commonly used mandatory ground. If arrears fall below 2 months before the hearing date, the court cannot grant on Ground 8
• Ground 8A — persistent rent arrears (new, RRA 2025): The tenant has been in arrears of at least 3 months' rent on 3 or more separate occasions in a 3-year period. This is a new mandatory ground introduced by the RRA 2025
• Ground 1A — landlord intends to sell (new, RRA 2025): The landlord intends to sell the property. 2 months' notice required. 6-month moratorium from tenancy start. The Information Sheet must have been served before reliance on this ground
• Ground 7A — anti-social behaviour conviction (new, RRA 2025): The tenant (or person residing in the property) has been convicted of a relevant criminal offence committed in or near the property. Mandatory possession within 6 months of conviction
• Ground 2 — mortgage repossession: The lender is entitled to repossess under a mortgage predating the tenancy (where the correct notice was given at the outset)

Commonly used discretionary grounds (where the court has a discretion to grant or refuse) include:

• Ground 10 — some rent arrears: Some rent is unpaid at notice date and hearing date — does not need to reach the 2-month threshold
• Ground 11 — persistent delay: The tenant persistently delays paying rent
• Ground 12 — breach of tenancy obligation: The tenant has broken a term of the tenancy agreement other than rent
• Ground 13 — deterioration of property: The property's condition has deteriorated due to neglect or acts by the tenant
• Ground 14 — nuisance or anti-social behaviour: The tenant has been guilty of nuisance or annoyance to neighbours, has been convicted of ASB, or has been using the property for illegal purposes. Immediate notice; very commonly relied on alongside Ground 8

Step 2 — Serve Form 3A correctly

All Section 8 notices must use the current Form 3A (Section 8 Notice Seeking Possession of a Property Let on an Assured Tenancy). This is available from gov.uk.

• Complete all fields: Tenancy address, landlord and tenant names, the ground(s) relied on (quoting the ground number and full text), and the specific particulars supporting each ground
• Particulars must be specific: Vague particulars (e.g. 'the tenant owes rent') are struck out. For Ground 8, list the months in arrears, the total amount owed, and the rent account (or attach a schedule). For discretionary grounds, provide dates, incidents, and supporting references
• Notice period: Insert the correct notice expiry date for each ground — get this wrong and the notice is defective. Ground 8 and most rent arrears grounds: 4 weeks. Ground 1A: 2 months. Ground 14: immediate (hearing can be sought as soon as court can list)
• Method of service: Serve by first class post (deemed served 2 working days later), hand delivery witnessed, or process server. Email service is not valid unless expressly agreed in the tenancy agreement and you can prove actual receipt
• Proof of service: Keep a copy of the completed notice and your proof of service. You will need this at court

Step 3 — Wait for the notice period to expire

You cannot issue court proceedings until the notice period has passed. For Ground 8 that means 4 weeks from service — using deemed service dates. Do not file early — the court will strike out premature claims.

• Calculate the notice expiry date carefully, adding the correct notice period from the date of deemed service
• Use this waiting period to gather your evidence bundle: rent statement, tenancy agreement, property management correspondence
• If the tenant pays down arrears below 2 months during this period, reassess your grounds — consider also pleading Grounds 10 and 11 as a back-up
• If the tenant vacates voluntarily during the notice period, the claim becomes unnecessary — confirm surrender in writing

Step 4 — File the possession claim

If the tenant has not left after the notice period, file the possession claim online or at court.

• Possession Claims Online (PCOL): Available at possessionclaim.gov.uk. Complete the claim form, upload the Form 3A and tenancy agreement, pay the court fee, and receive a claim number and hearing date
• Paper filing: Complete Form N5 (Standard possession claim) and Form N119 (Particulars of claim for possession of property) and file at the relevant County Court Hearing Centre for the property's location
• Court fee: The current court fee for a standard possession claim is £355 (check gov.uk for current fees). A fee remission may apply if the landlord is on a low income
• Evidence to attach: The Section 8 notice (Form 3A) with proof of service; the current tenancy agreement; rent account statement. Particulars of claim must include: the address, tenancy start date, current rent, arrears as at notice date, and any other matters relied on
• Hearing date: The court will allocate a hearing date — typically 4–8 weeks after claim issue in most county courts, though this varies by court capacity

Step 5 — Attend the possession hearing

The possession hearing is where the judge considers the claim. For uncontested mandatory ground (e.g. Ground 8 with arrears clearly above threshold), hearings can be very brief. Contested hearings take longer.

• Attend in person. If you cannot attend, seek an adjournment or instruct a solicitor — failing to attend can result in the claim being struck out
• Bring: the original tenancy agreement; the served Form 3A with proof of service; a current rent statement showing arrears (for Ground 8, current means the day of the hearing); your compliance documents (deposit protection certificate, gas safety, EICR, EPC) — failure to comply with prescribed information/safety obligations can be raised as a defence
• Mandatory grounds: If Ground 8 is made out (arrears at notice date AND hearing date), the court must grant possession. The judge has no discretion to refuse
• Discretionary grounds: The judge assesses all circumstances and may grant outright possession, a suspended order (tenant can stay if they comply with conditions), or refuse possession
• Possession order date: Standard possession orders give 14 days for the tenant to vacate. The judge may extend this in cases of particular hardship

Step 6 — Enforce the possession order

If the tenant does not vacate by the date in the possession order, you must apply for a warrant of possession — do not attempt to re-enter yourself.

• Apply for a warrant: File Form N325 (Request for warrant of possession) at court. Pay the warrant fee. The court will issue a warrant and notify the tenant of the bailiff's attendance date
• County court bailiffs: County Court Enforcement Officers (bailiffs) execute the warrant. They are court officers — do not instruct private bailiffs for residential possession
• Do not change locks yourself: Entering a property without a warrant when a tenant is in occupation is a criminal offence of unlawful eviction under the Protection from Eviction Act 1977. Wait for the bailiff
• After execution: Once the bailiff has executed the warrant, the tenancy is ended and you can re-enter. Change locks immediately and take photographs of the property's condition
• Tenant's belongings: If the tenant leaves belongings, follow the Torts (Interference with Goods) Act 1977 procedure — you cannot simply dispose of them without giving reasonable notice and opportunity to collect