What Happens at a Section 8 Possession Hearing 2026? Landlord Court Guide

Since Section 21 no-fault eviction was abolished on 1 May 2026 under the Renters' Rights Act 2025, all landlord possession claims in England must go through the Section 8 route using a statutory ground. Understanding the court procedure is now essential for every English landlord. This guide explains what happens from issuing the claim to the possession date — and what to do when things go wrong.

The Section 8 process from start to hearing

The Section 8 possession process has five stages:

1. Serve the Section 8 notice (Form 3): from 1 May 2026 use the new Renters' Rights Act 2025 prescribed Form 3. State the ground(s), attach the evidence required by the ground, and include the correct notice period (14 days for most arrears grounds; 4 months for Ground 1A sale; 2 months for discretionary grounds). Serve by the method permitted in the tenancy agreement — typically first class post or hand delivery.
2. Allow the notice period to expire: the notice period must expire before you can issue a court claim. Keep a record of the date the notice was served and calculate the expiry carefully — courts scrutinise notice periods closely.
3. Issue the possession claim: issue online via Possession Claims Online (PCOL) or at the County Court using Form N5 and N119 (particulars of claim). Pay the court fee (currently £391 by paper, £355 online). The tenant receives a copy of the claim and has 14 days to file a defence.
4. Attend the possession hearing: the court will list the case for a possession hearing, typically 5–10 minutes for undefended arrears claims. If defended, a separate directions hearing may be listed first.
5. Obtain and enforce the possession order: if the court grants possession, the order specifies a date for the tenant to vacate. If they do not leave, apply for a warrant of possession (Form N325) and a County Court Bailiff will attend to effect the eviction.

Ground 8 — serious rent arrears (mandatory)

Ground 8 is the most commonly used mandatory possession ground for rent arrears. Under the Renters' Rights Act 2025, the threshold is 3 months' rent arrears:

• 3 months' arrears required both at the date of service of the Section 8 notice and at the date of the court hearing
• If the tenant pays down arrears to below 3 months before the hearing, Ground 8 fails and the court cannot grant possession on that ground alone
• The court has no discretion on Ground 8 — if the threshold is met, a possession order must be granted
• Run Ground 10 and Ground 11 alongside Ground 8 in the same notice as a fallback if arrears reduce
• Calculate arrears carefully — include rent due and unpaid at the date of the notice, and update the figure to the date of the hearing

Discretionary grounds — grounds 10, 11 and others

On discretionary grounds, the court may (but is not required to) grant possession if it considers it reasonable to do so. Common discretionary grounds:

• Ground 10: some rent arrears — any arrears at the date of notice and at the hearing, regardless of amount. Court considers whether it is reasonable to grant possession.
• Ground 11: persistent delay in paying rent — tenant repeatedly pays late even if not currently in arrears. Evidence of persistent late payment is needed.
• Ground 12: breach of any term of the tenancy — other than non-payment of rent. Must prove the breach and that the tenant was notified.
• Ground 13: deterioration of the condition of the property — landlord must prove neglect or fault by the tenant.
• Ground 14: anti-social behaviour, nuisance to neighbours or arrest for an indictable offence at the property.
• On all discretionary grounds, come prepared to make the 'reasonableness' argument — courts expect landlords to have given the tenant a chance to remedy the breach

At the hearing — what to expect

County Court possession hearings are brief, especially for undefended rent arrears cases. The procedure:

• Arrive at least 15 minutes before your listed time — possession lists often run in batches
• Identify yourself to the usher and check your case is on the list
• The hearing typically takes 5–15 minutes before a District Judge or Deputy District Judge in chambers (a private room, not a courtroom)
• The judge will ask you to confirm the arrears figure and check the evidence — have your rent account and notice ready
• The tenant may attend and make representations — even if unrepresented, the judge will hear them
• The judge will announce the decision and make an order — get a written copy before you leave
• If the tenant does not attend and has not filed a defence, the case proceeds on your evidence alone

Types of possession order

The court can make different types of possession order depending on the ground and the circumstances:

• Outright possession order: tenant must vacate by a set date (14–28 days from hearing). No conditions. If they remain, apply for a warrant immediately.
• Suspended possession order (SPO): possession is suspended while the tenant meets conditions — usually paying current rent plus £X per week off arrears. If conditions are breached, apply to activate the warrant without a new hearing.
• Possession order stayed pending appeal: court stays enforcement while the tenant considers an appeal. Landlord cannot enforce during the stay.
• Claim dismissed: if the court is not satisfied — e.g. the notice was defective, Ground 8 arrears were below the threshold, or the court did not find it reasonable on a discretionary ground.

Warrant of possession and bailiff enforcement

If the tenant does not vacate voluntarily by the possession date:

• Apply for a warrant of possession using Form N325 — apply to the same court that made the possession order
• Pay the warrant fee (currently around £143)
• The County Court Bailiff will list a date to attend the property and effect the eviction — typically 4–8 weeks after the warrant is issued
• You, your agent or your solicitor can attend on the day — you do not have to but it is usually sensible
• The bailiff will ask the tenant to leave and, if they refuse, will physically remove them
• The landlord then has a duty to deal with the tenant's belongings under the Torts (Interference with Goods) Act 1977 — do not immediately discard them
• Costs of the warrant are added to the judgment debt against the tenant

What if the tenant defends?

If the tenant files a defence, the hearing will not usually be short:

• The judge will typically give directions for the case to proceed to a full hearing with both parties' evidence
• Common defences include: notice invalid, arrears disputed, disrepair counterclaim, equality/vulnerability grounds
• A disrepair counterclaim can offset rent arrears and potentially eliminate Ground 8 arrears — address any disrepair before issuing
• Consider instructing a solicitor or specialist eviction service if the tenant is legally represented or the case is complex
• If the defence is clearly hopeless, you can apply for summary judgment — saving the cost of a full trial
• Mediation: the court may suggest this — it can resolve cases faster than a full hearing and avoid the cost of enforcement