Section 8 eviction, step by step

Section 8 eviction, step by step

1. 1

   Get your paperwork ready

   Tenancy agreement or written statement, rent statement (for arrears), deposit protection certificate and prescribed information, gas safety record, EICR and EPC.

   ⏱ Before anything else

2. 2

   Is the deposit protected, with the prescribed information given?

   YesCarry on.

   NoPut it right first — the court can't make a possession order on most grounds until you do (Grounds 7A and 14 are exceptions). Get a solicitor's help.
3. 3

   Choose your ground(s)

   Rent arrears: Grounds 8 (3 months owed, mandatory), 10 and 11 (discretionary) — usually all three together. Selling: 1A. Moving in: 1. Antisocial behaviour: 7A / 14.

4. 4

   Serve the Section 8 notice (Form 3A)

   Use the current form, name every tenant, state the grounds properly, and keep proof of how and when you served it.

   ⏱ Arrears grounds: 4 weeks' notice · Grounds 1 / 1A: 4 months

5. 5

   Make the possession claim

   Online through Possession Claim Online (rent arrears only), or on paper with forms N5 and N119 for any ground.

   ⏱ After the notice expires · court fee £415

6. 6

   Tenant can defend

   They have 14 days to file a defence. Send the court all your evidence at least 14 days before the hearing.

   ⏱ 14 days

7. 7

   The hearing — what can the judge do?

   Outright orderMandatory ground proved: the tenant usually gets 14 days to leave (up to 6 weeks with exceptional hardship).

   Suspended orderThe tenant can stay if they keep to conditions, such as paying rent plus something off the arrears.

   Adjourned or dismissedOften because of paperwork or notice errors, or the arrears being paid — this is why the paperwork check matters.
8. 8

   Tenant still there? Apply for bailiffs

   Warrant of possession on form N325 (or N325A for a suspended order). Or ask to transfer to the High Court.

   ⏱ After the date in the order · fee £148

9. 9

   Eviction day

   Bailiffs give the tenant at least 14 days' notice of the date. Meet them outside and have a locksmith ready.

   ⏱ At least 14 days' notice

10. ✓

    You have the property back

    Rent arrears are a separate money claim — bailiffs don't collect them.

11. !

    Never do it yourself

    Changing the locks, removing belongings or cutting utilities without a court order is unlawful eviction — a criminal offence.

Checked against official sources on 2 November 2026 · General information, not legal advice · landlordwala.com/diagrams/section-8-eviction