Your tenant ignored the Section 8 notice
The notice period is up. They have not left. Now what.
Most tenants do not leave on the date the notice expires. That is normal and the law expects it. The notice gives you the right to apply to the court for a possession order, not the right to remove the tenant yourself.
Never change the locks, cut off services, or remove their belongings. That is illegal eviction under the Protection from Eviction Act 1977 and carries criminal liability.
Wait until the notice period has fully expired
Count from the date served, not the date written on the notice. If you served Ground 8 with a 4-week notice on 1 June, the earliest you can apply is 30 June.
Apply for a possession order
Use form N5 (rent arrears) or N5B (other grounds) at the County Court covering the property. Court fee in 2026 is £404. The court allocates a hearing date around 8 to 12 weeks out.
Assemble your court bundle
The judge wants: the tenancy agreement, the deposit protection certificate, gas safety certificate, EPC, the Section 8 notice itself with proof of service, the rent ledger (if arrears), and any correspondence. Bring originals.
After the order
If the tenant still does not leave after the date in the possession order, apply for a warrant of possession (N325). The court bailiff then attends and removes the tenant. This typically adds another 4 to 10 weeks.
Common mistakes
- Self-help eviction (changing locks, removing belongings) is a criminal offence. Do not do it.
- Harassing or threatening the tenant during the notice period weakens your case at the hearing.
- Continuing to accept full rent after the notice can be argued as creating a new tenancy. Document carefully if you do accept payments.
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.