Tenant won't leave after the notice ends: what now?

If your tenant won't leave after the Section 8 notice ends, you need to apply to the county court for a possession order, because the notice alone doesn't oblige them to go. If they still stay after the date in the order, you ask the court for a warrant and county court bailiffs carry out the eviction. Until then, the tenancy continues and the tenant can lawfully stay.

First, don't take matters into your own hands

However frustrating it is, the tenant has done nothing unlawful by staying after the notice ends. Form 3A tells them they don't have to leave immediately. Changing the locks, or getting anyone other than court bailiffs or High Court enforcement officers to remove them, is illegal eviction. Councils can impose a civil penalty of up to £40,000, and it is also a criminal offence. See illegal eviction.

Check your notice and the claim window

Before you apply, confirm:

• The date has passed. You can issue from the date in question 2.1 of the notice, not before.
• You're within 12 months of service. After that, the notice can't be used and you'll need a new one.
• The ground still applies. For Ground 8, the arrears must still be at least 3 months' or 13 weeks' rent on the hearing day.
• No Breathing Space is in place if your notice relies on rent arrears grounds. While one is, you can't start a claim on that notice without the court's permission.
• The deposit is compliant. If you took one, it must be protected and the prescribed information given, or the court can't make an order on most grounds.

Our guide to what happens after a notice expires covers each check.

Apply for a possession order

Which forms. For most claims you file form N5 (the claim form) and N119 (the particulars of claim) on paper, using the 05.26 versions. If the claim is based solely on rent arrears, you can use Possession Claim Online instead.

What to include.

• A copy of the Form 3A notice and proof of service (form N215, or your endorsed copy).
• The tenancy agreement, if there is one.
• Evidence the deposit was protected and the prescribed information given.
• For arrears, a rent schedule covering the 2 years before issue, with a running balance and the daily rate.

The fee. £415, paper or online.

Who signs. You sign the statement of truth as the claimant. Our court pack prepares N5 and N119 from your notice for you to check, sign and file yourself; we don't file or act for you in court.

What happens at the hearing

The court fixes the hearing when it issues the claim: at least 28 days later and normally within 8 weeks, with the papers served on the tenant at least 21 days before. The tenant can file a defence (form N11R), but there's no default judgment in possession claims, so the hearing goes ahead either way.

• Attend. If you don't, the claim can be dismissed and you may have to pay costs.
• Update the figures. Bring arrears worked out to the hearing date.
• File witness statements at least 2 days before the hearing.

The judge can make an outright order, a suspended order, a money order, adjourn the case, or dismiss it. On a mandatory ground the possession date is usually 14 days after the order, and never more than 6 weeks. See what happens at a possession hearing.

If the tenant won't leave after the order

1. Apply for a warrant of possession once the possession date has passed: form N325 for an outright order, or N325A if the tenant broke a suspended order's payment terms. The fee is £152.
2. Notice of eviction. The bailiffs must deliver a notice of eviction (N54) to the property at least 14 days before the eviction.
3. Return the forms. The court sends you an appointment notice (EX96) and possibly a risk questionnaire (EX97a). Return them at least 3 working days before the eviction, or it may be cancelled.
4. Eviction day. Be there, or send your agent, to take back the keys and secure the property.

Instead of county court bailiffs, you can apply to transfer the case to the High Court for enforcement (£126 without notice or £321 on notice, plus £82 for the writ). See warrants of possession.

Timeline with real dates

For a Ground 8 notice served by hand on 2 November 2026, where the tenant stays put:

1. Monday 30 November 2026: notice period ends; earliest court date.
2. Tuesday 1 December 2026: issue the claim.
3. 29 December 2026 to 26 January 2027: first hearing.
4. Around 26 January 2027: possession order at the median of 8.0 weeks from claim; possession date about 14 days later, around 9 February 2027.
5. Around 4 March 2027: warrant issued, at the median of 13.3 weeks from claim.
6. Around 22 May 2027: repossession by bailiffs, at the median of 24.6 weeks from claim.

The medians are from the Ministry of Justice's mortgage and landlord possession statistics for April to June 2026 (published 13 August 2026), for private landlords' standard claims. The figures are provisional, and most of those claims rested on notices served before 1 May 2026.

This guide covers England only. Wales (Renting Homes (Wales) Act 2016), Scotland and Northern Ireland have different law.

What to do next

Use our possession claim court pack to prepare your N5 and N119 from your notice, ready to sign and file. If you haven't served a notice yet, start with a Section 8 notice. For the whole process, see how to evict a tenant.