Serving a Section 8 notice is the first step in the possession process, not the end. The notice gives the tenant formal warning that you intend to seek possession. What happens next depends on the ground used, the notice period, and how the tenant responds.
Step 1: The notice period runs
The notice period depends on the ground you relied on:
| Ground | Notice period |
|---|---|
| Ground 8 (serious rent arrears) | 2 weeks |
| Grounds 10/11 (some arrears / persistent late payment) | 2 weeks |
| Ground 12 (breach of tenancy) | 2 weeks |
| Ground 13 (waste or neglect) | 2 weeks |
| Ground 14 (anti-social behaviour) | None, proceedings can begin immediately |
| Ground 7A (serious offences) | 4 weeks |
| Ground 1 (landlord/family occupation) | 4 months |
| Ground 1A (landlord sale) | 4 months |
| Ground 4A (student HMO) | 4 months |
Step 2: Can the tenant do anything during the notice period?
- Pay the arrears: For Ground 8, if the tenant pays off arrears to below the 2-month threshold before the hearing, Ground 8 fails, even if arrears existed at service. This is why Grounds 8, 10, and 11 are typically served together
- Leave voluntarily: The tenant can surrender the tenancy at any point, return the keys and provide written notice. The court process stops
- Dispute the notice: The tenant can argue the notice is invalid (wrong form, wrong notice period, pre-conditions not met). If valid defects exist, the notice may be struck out and you must re-serve
- Apply to the court for a stay: For discretionary grounds, tenants can attend the possession hearing and argue it is not reasonable to grant possession
Step 3: Filing the possession claim
Once the notice period has expired and the tenant has not vacated, you can file a possession claim at the county court:
- Complete the N5 possession claim form and N119 particulars of claim
- Attach a copy of the served Section 8 notice and evidence of service
- Pay the court fee (currently £391 for a standard possession claim)
- File at the County Court Business Centre (or the hearing centre for your area)
Step 4: Service on the tenant
The court will serve the claim form on the tenant (or you can serve directly, the N5 form gives instructions). The tenant has 14 days to file a defence. After the defence period, the court will list a possession hearing.
Step 5: The possession hearing
At the hearing:
- Mandatory grounds (Ground 8, Ground 1A, Ground 7A): if the ground is made out, the judge must grant possession. There is no discretion
- Discretionary grounds (Ground 14, Grounds 10/11, Ground 12): the judge must find both that the ground is proved and that it is reasonable to grant possession. The judge has discretion, possession is not guaranteed
- Bring all your evidence: rent arrears schedule, lease, Section 8 notice with service evidence, correspondence log
- If Ground 8 arrears have been cleared before the hearing, the mandatory ground fails, have Grounds 10 and 11 as backup
After the hearing: the possession order
If possession is granted, the court issues a possession order. Standard orders give the tenant 14 or 28 days to vacate. If the tenant does not leave by the order date, you must apply for a warrant of possession, the court bailiff then physically removes the tenant. There is no self-help eviction: changing the locks without a warrant is an illegal eviction and a criminal offence.
The LetSafe Possession Recovery Bundle (LS-E-140) includes the Section 8 Notice Pack, pre-action arrears escalation letters, a court-ready evidence bundle framework, witness statement templates, and a N5/N119 walkthrough, everything from first notice to hearing day.