You served a Section 8 notice. The notice period has expired. And your tenant is still in the property. This is frustrating, but it is common. A Section 8 notice is not an eviction — it is the first step in the legal process. If the tenant does not leave voluntarily, you must go to court. Here is exactly what to do.
Understand What a Section 8 Notice Is
A Section 8 notice tells the tenant you intend to seek possession on specific grounds. It does not require them to leave. It does not create a legal obligation to vacate. It starts the clock. Many tenants know this, which is why they do not leave after receiving the notice.
Step 1: Apply to the County Court
Once the notice period expires, apply for a possession order by filing the appropriate claim form and paying the court fee (currently around 355 pounds). Include a copy of the Section 8 notice, proof of service, the tenancy agreement, and a witness statement setting out the facts. For rent arrears, include a detailed rent statement. For anti-social behaviour, include evidence of incidents. For Ground 1 or 1A, include evidence of your intention.
Step 2: The Court Hearing
The court lists the case for a hearing, typically 6 to 10 weeks after filing. You must prove the notice was validly served, the notice period has expired, and the ground is made out. For mandatory grounds, the court must grant possession if proved. For discretionary grounds, the court also assesses reasonableness.
If the Tenant Does Not Attend
The case may proceed in their absence, but you must still prove your case. Do not assume non-attendance means an automatic win.
If the Tenant Files a Defence
Common defences include challenging the notice validity, disputing the arrears figure, arguing the landlord does not genuinely intend to sell or move in, or arguing a possession order would be unreasonable. A well-prepared evidence bundle is your best response.
Step 3: The Possession Order
If the court is satisfied, it makes a possession order requiring the tenant to leave within 14 days, or up to 42 days in exceptional hardship. If the tenant complies, you regain possession and the process is complete.
Step 4: If the Tenant Still Does Not Leave
Apply for a warrant of possession. This authorises county court bailiffs — or, if you transfer to the High Court, High Court Enforcement Officers — to physically remove the tenant. County court bailiffs can take 6 to 12 weeks. HCEOs are typically much faster, often within 1 to 2 weeks, but involve additional cost.
You must never take matters into your own hands. Changing locks, cutting utilities, or physically confronting the tenant are all illegal eviction under the Protection from Eviction Act 1977, carrying up to two years' imprisonment and substantial civil damages.
Realistic Timelines
From notice expiry to possession order: 2 to 4 months uncontested, 4 to 8 months contested. If a warrant is needed, add 1 to 3 months depending on whether you use county court bailiffs or HCEOs. The total from notice to vacant possession ranges from 3 months at best to over 12 months at worst.
How to Protect Yourself
The best protection is preparation. Serve a valid notice the first time with the correct form, ground, notice period, and proof of service. Keep meticulous records throughout the tenancy. Act promptly when grounds arise rather than hoping the situation resolves itself.
Take Action
Start the process correctly with properly formatted documents. Generate your complete document pack for Section 8 notice templates and all the compliance documents you need.
Use our Notice Period Calculator to verify the correct notice period, and read our Section 8 Grounds for Possession guide for a detailed breakdown of every ground.