Section 8 possession hearing: what to expect

After Form 3A and the notice period, if the tenant has not left, the next step is a possession claim in the County Court. This is what the hearing looks like in practice.

Filing the claim

File the Particulars of Claim (Form N5B for accelerated, or N5/N119 for standard). Pay the court fee. The court issues the claim and serves the tenant.

The hearing

First hearing typically 4 to 8 weeks after filing. The judge reviews the Form 3A, evidence of service, the grounds, and the tenant's defence (if any). Mandatory grounds with clean evidence often resolve at the first hearing. Discretionary grounds may go to a substantive trial.

Possible outcomes

Outright possession order: tenant must leave by a date (often 14 to 28 days).

Suspended possession order: tenant can stay if they comply with conditions (e.g. rent payment plan).

Adjournment: hearing postponed for more evidence or tenant negotiation.

Dismissal: claim fails. Reasons include defective notice, weak evidence, or unreasonable use of a discretionary ground.

If the tenant still does not leave

Apply for a warrant of possession; County Court bailiffs (or High Court enforcement officers) execute it. Usually adds 4 to 12 weeks.

Source: gov.uk Guide to the Renters' Rights Act 2025. Last verified 2026-05-09. This page is informational, not legal advice. For complex disputes, consult a solicitor.