How to Gain a Possession Order

Law & Regulation • 14 Jul 2026, 14:44

How to Gain a Possession Order

Since the Renters’ Rights Act came into force on 1st May 2026, Section 21 evictions are no longer available, and the process for regaining possession has changed.

Under the new system, you cannot simply serve notice because a fixed term has ended. Instead, you must use the Section 8 process and rely on a valid legal ground for possession, such as selling the property, moving back in, or dealing with serious rent arrears.

If your tenant doesn’t leave after receiving a valid notice, you’ll need to apply to the court for a possession order.

Getting the process right from the start is necessary, as missing information, incorrect notice periods or incomplete paperwork can delay your claim and mean you have to begin again.

Choosing the right ground for possession
The steps to regaining possession of your property

Avoid delays caused by incorrect paperwork. Use our free Section 8 tool to create a legally compliant notice in just a few steps.

Serve a Section 8 Notice

Choosing the right ground for possession

You can no longer ask a tenant to leave without a legally valid reason. To regain possession of your property, you must rely on one of the official “grounds for possession” set out in the legislation.

These grounds fall into two categories:

Mandatory grounds: If you can prove the ground applies, the court must grant a possession order.
Discretionary grounds: The court will consider whether it is reasonable to grant possession, even if the ground has been proven.

The Renters’ Rights Act has changed several possession grounds and their notice periods. Some examples include:

Selling the property or moving back in (Grounds 1 & 1A): If you, or a close family member, need to move into the property, or you want to sell it, you must give the tenant 4 months’ notice. You also cannot use these grounds during the first 12 months of the tenancy.
Serious rent arrears (Ground 8): This mandatory ground now applies when the tenant owes at least 3 months’ rent, both when you serve the notice and when the case reaches court. The notice period is 4 weeks.
Minor arrears and persistent late payments (Grounds 10 & 11): These remain discretionary grounds and require 4 weeks’ notice.
Antisocial behaviour (Ground 14): This remains a discretionary ground, but you can start court proceedings immediately after serving the notice.

Read our full guide to Section 8, including the new and updated possession grounds.

The steps to regaining possession of your property

With Section 21 no longer available, Section 8 is now the main route for regaining possession of your property. The process involves several legal steps, from serving the correct notice through to applying to court and enforcing a possession order if needed. Here’s what you need to know at each stage.

Step 1: Serving a correct Section 8 notice

The possession process starts by serving your tenant with a Section 8 notice (Form 3A). This notice needs to clearly state the grounds you’re relying on and explain why they apply to your situation.

Getting the details right can be tricky. Even small mistakes with wording, dates or calculations could delay the process. To make things easier, you can use OpenRent’s free Section 8 notice-serving tool.

Our tool guides you through each step, helps you select the right possession grounds, checks the required notice period for your situation, and creates a compliant Form 3A notice.

Best of all, it’s completely free to use, even if you didn’t find your tenant through OpenRent.

Step 2: Waiting for the notice period to end

Once you’ve served a Section 8 notice, you cannot immediately apply to court. You must wait until the notice period has expired before taking the next step.

The length of this period depends on the ground you’re using. For example, serious rent arrears require 4 weeks’ notice, while selling the property requires 4 months’ notice.

Use this time to gather clear evidence to support your case. With the Section 21 route no longer available, having the right documentation is more important than ever.

Depending on your reason for possession, this could include:

A detailed rent schedule showing payments received and any missed payments.
Evidence of your intention to sell, such as correspondence with an estate agent.
Written communication, emails, or inspection reports showing breaches of the tenancy agreement.

Step 3: Applying to the County Court

If the notice period has ended and your tenant has not left, the next step is to apply to the County Court for a possession order.

With Section 21 no longer available, the accelerated possession route used for some Section 21 claims has been removed. In most cases, you will need to follow the standard court process and attend a hearing.

At the hearing, the judge will review your claim, including the evidence you have provided and whether you have followed all legal requirements.

One area that can cause serious issues is deposit compliance. If your tenant’s deposit isn’t protected in a government-approved scheme and the Prescribed Information hasn’t been issued by the time you serve your Form 3A notice, your possession claim will be thrown out.

Under the new rules, failing to comply with deposit requirements can prevent you from successfully regaining possession through Section 8.

If your paperwork is in order and the court is satisfied that your grounds have been proven, the judge can grant a standard possession order, usually giving the tenant 14 days to leave.

The court forms you need

If your Section 8 notice has expired and your tenant has not paid the arrears or left the property, the next step is to apply to the County Court for a possession order.

You must submit the correct forms and supporting evidence to start a standard possession claim. The main documents you will need include:

Form N5 (Claim Form for Possession of Property): This is the form that starts your possession claim. It provides the court with the key details of the case, including information about you, your tenant, the property, and the grounds you are relying on. Make sure you use the latest version of the form, as this includes the updated possession grounds introduced under the Renters’ Rights Act.
Form N119 (Particulars of Claim for Possession): This form provides the details behind your claim. It explains your tenancy arrangement, the possession grounds you are using, any rent arrears owed, and when and how the Section 8 notice was served.
Detailed rent schedule: If you are seeking possession due to rent arrears, you’ll need to provide a clear record of all rent payments received and any missed payments throughout the tenancy. This should be attached to your claim as supporting evidence.
Form N215 (Certificate of Service): This confirms to the court that the Section 8 notice was served correctly. It helps prove that your tenant was properly notified and that the notice process was followed.

If your claim is only based on rent arrears, you may be able to use the government’s Possession Claims Online (PCOL) service instead of completing the paper forms. This allows you to submit the required claim details online.

Once your forms are completed, signed with the required Statement of Truth, and submitted with the court fee, the court will issue your claim and send the paperwork to your tenant. You will then be given details of the next steps, including the hearing date.

Serving a Section 8 notice doesn’t have to be complicated. Our free tool guides you through the process and helps you get the details right.

Use OpenRent's Free Tool

Step 4: Enforcing the possession order

In most cases, tenants will leave by the date set out in the possession order. However, if they remain in the property, you must not try to remove them yourself.

Changing the locks, cutting off utilities, or forcing a tenant to leave are all forms of illegal eviction. These actions are serious offences and can result in significant penalties.

Instead, you need to follow the final legal step:

Apply to the court for a warrant of possession.
Arrange for County Court bailiffs to enforce the order, or transfer the case to the High Court to use High Court Enforcement Officers (HCEOs).
Allow authorised enforcement officers to attend the property and legally return possession to you.

Following the correct process protects you from legal consequences and ensures the eviction is carried out lawfully.

The 2026 tenancy system is designed to create a fairer balance between tenants and landlords, but it also means you need to follow the legal process carefully.

Keeping accurate records, staying on top of compliance requirements, and using tools like OpenRent’s free Section 8 notice-serving tool can help you manage the process with confidence.

By taking the right steps from the start, you can protect your property and make regaining possession as straightforward as possible.