How to Take a Tenant to Court for Possession

Step 1: Wait for notice period to expire

Don't file your claim before the notice period ends. For Ground 8 (rent arrears), that's 2 weeks from service. Filing early means your claim will be struck out and you'll have to start over.

However, don't wait too long—Section 8 claims must be started within 12 months of the notice date.

Step 2: Complete Form N5 (possession claim form)

Form N5 is the standard possession claim form. Download from gov.uk or complete online via the Possession Claims Online (PCOL) service. Enter:

• Your details as claimant
• Tenant details as defendant(s)
• Property address
• Type of claim (Section 8)
• Grounds relied upon

Step 3: Complete Form N119 (particulars of claim)

N119 provides the detail behind your claim. Include:

• Type of tenancy (AST)
• When tenancy started
• Rent amount and due date
• For rent arrears: amount owed, when arrears started, payment history
• Grounds for possession with specific details
• Copy of your Section 8 notice

Step 4: Gather evidence

Prepare your evidence pack:

• Original tenancy agreement
• Section 8 notice (Form 3)
• Proof of service (recorded delivery receipt)
• Rent schedule showing payments and arrears
• Bank statements if useful
• Any relevant correspondence

Step 5: Calculate and pay court fee

The court fee is currently £355 for a standard possession claim. This applies whether you file online or by post. If you're also claiming rent arrears over a certain amount, additional fees may apply.

Step 6: File at county court for property location

File your claim at the county court that serves the area where the property is located. You can file online (PCOL), by post, or in person. Online is quickest.

Step 7: Serve claim on tenant

Once filed, the court serves the claim papers on the tenant. They have a period to respond (typically 14 days). The court then schedules a hearing.

Step 8: Prepare for hearing

Before the hearing:

• Organise evidence in a bundle with numbered pages
• Update arrears figures to the hearing date
• Anticipate potential defences
• Know your facts—be ready to answer questions

Step 9: Attend court hearing

Dress appropriately, arrive early, and bring all your evidence. You'll present your case, the tenant can respond, and the judge decides. Speak clearly, address the judge as "Sir" or "Madam", and stick to the facts.

Step 10: If successful, receive possession order

If the judge grants possession, you'll receive an order specifying when the tenant must leave (typically 14 or 28 days, sometimes immediately for serious arrears). If they don't leave, you can apply for bailiff enforcement.