General guidance only, not legal advice. This article applies to private landlords in England. Wales uses a different system under the Renting Homes (Wales) Act 2016. Check current government guidance and take advice on your circumstances.
Reviewed by Lee Daniels, Founder and Managing Director of Helpland, with 27 years in property possession and eviction. Last reviewed November 2026.
Renters' Rights Act 2025: Section 21 was abolished in England from 1 May 2026. Every possession claim must now rely on a ground for possession under Section 8, and the accelerated procedure is no longer available for new claims.
Possession Order Guide: Court Process and Timeline
Key Insights
- A possession order is not eviction: if the tenant doesn't leave, enforcement by bailiffs is a separate step.
- Every claim is ground-based: serve a Section 8 notice on Form 3A first.
- Paperwork errors cost months: mistakes in the notice or claim can mean starting again.
- Allow several months from issue to possession.
- Know the order type: an outright order sets a leaving date; a suspended order sets conditions.
Helpland is one of only two NRLA-recommended eviction specialists, with over 20 years' experience. Our fixed-fee services cover issuing the claim, representation at the hearing and coordinating enforcement, with a dedicated account holder throughout.
Quick overview: valid ground, Section 8 notice on Form 3A, notice period ends, issue the claim, hearing, order, tenant leaves or warrant, enforcement.
What a possession order is (and isn't)
A possession order is a county court order confirming the landlord is entitled to possession and setting a date for the tenant to leave.
- It is not eviction. If the tenant doesn't leave, you must apply for a warrant of possession (or a High Court writ). You can never remove the tenant yourself.
- It can include a money judgment for rent arrears and costs, if you claim them. If you don't, you would need a separate money claim.
Types of order
- Outright: the tenant must leave by a set date, usually within 14 days, or up to six weeks for exceptional hardship.
- Suspended: the tenant can stay if they meet conditions, such as paying rent plus an amount towards the arrears. If they breach them, you can apply for a warrant.
- Postponed: possession is postponed to a future date or event (less common).
For mandatory grounds such as Ground 8, the court must make an outright order if the ground is proved. For discretionary grounds, it may suspend the order.
When can a landlord apply?
- A ground for possession exists.
- You have served a valid Section 8 notice on Form 3A, setting out each ground in full.
- The notice period has ended and the tenant hasn't left.
- The deposit is protected and the prescribed information served. Otherwise most grounds are barred until this is put right.
Common grounds and notice periods:
- Ground 8 (mandatory): at least three months' arrears at notice and at the hearing. 4 weeks' notice.
- Grounds 10 and 11 (discretionary): some arrears, or persistent late payment. 4 weeks' notice.
- Ground 12 (discretionary): other breach of tenancy. 2 weeks' notice.
- Grounds 7A and 14: anti-social behaviour. Proceedings can start immediately.
- Grounds 1 and 1A (mandatory): moving in or selling. 4 months' notice, and the date must fall after the first 12 months of the tenancy.
The court procedure
Step 1: Issue the claim. Use Possession Claim Online if the claim is for rent arrears only, or paper forms N5 and N119 for other grounds. The court fee is £415. Include the tenancy agreement, rent schedule, the notice and proof of service.
Step 2: The court serves the claim. The tenant has 14 days to file a defence.
Step 3: The hearing is listed. Listing times vary by court. Send your documents to the court at least 14 days before the hearing.
Step 4: Attend the hearing with your evidence. For Ground 8, show at least three months' arrears on the notice date and the hearing date.
Step 5: The order is made, with any money judgment for arrears and costs.
Step 6: Enforcement, if the tenant doesn't leave by the date in the order.
Timeline
| Stage | Typical timeframe |
|---|---|
| Section 8 notice period | Immediate to 4 months, depending on ground |
| Claim issued to hearing | Several weeks to a few months |
| Hearing to order | Usually the same day if undefended |
| Order to leaving date | Usually 14 days (up to 6 weeks) |
| Warrant to bailiff appointment | Weeks to months, depending on the court |
Delays usually come from paperwork errors, defences or counterclaims (such as disrepair), and court backlogs.
Costs
- Possession claim: £415
- Warrant of possession: £152
- High Court transfer: £126, plus £82 to seal the writ and enforcement fees
The court may order the tenant to contribute towards your costs, but recovery depends on their means. Helpland's fixed fees cover the agreed stages, and anything beyond them, such as an adjourned hearing or a defended claim, is agreed with you before any further work.
If the tenant still doesn't leave
Apply for a warrant of possession on form N325 (or N325A for a breached suspended order). The fee is £152, and you can apply online if you used PCOL. County Court bailiffs will give the tenant at least 14 days' notice of the eviction date.
Alternatively, ask the court for permission to transfer enforcement to the High Court (form N244, then N293A). You'll receive a writ of possession, enforced by a High Court Enforcement Officer, often sooner than a County Court bailiff.
Never change the locks, remove belongings, cut off utilities or harass the tenant. These are criminal offences.
Frequently Asked Questions
How do I get a possession order?
Serve a Section 8 notice on Form 3A, wait for the notice period to end, then issue a claim (PCOL for rent-only claims, or N5 and N119) and attend the hearing.
Is the accelerated procedure still available?
No. It was tied to Section 21, which ended in England on 1 May 2026.
Can I get a money judgment at the same time?
Yes. Include the arrears in your claim and ask the court for a money judgment.
Can I use PCOL?
Yes, if the claim is for rent arrears only and the property is in England. Otherwise use paper forms.
Can the court delay the possession date?
Yes. For mandatory grounds, by up to six weeks for exceptional hardship. For discretionary grounds, the court has wider powers.
Can landlords get legal aid?
Generally no. Housing legal aid is aimed at tenants at risk of losing their home.
This article provides general guidance for landlords in England and does not constitute legal advice. Last reviewed: November 2026.
Need help with this?
- Possession court proceedings (£1,450)
- Section 8 notice service (£199.99)
- Get a free case check, or call 020 3835 4446
