Accelerated possession procedure

Section 21 notices

Landlords can no longer issue a section 21 notice (i.e. a 'no-fault' eviction). The last date on which you could serve your tenant(s) with a section 21 notice was 30 April 2026.

If you did, the tenant has not left by the required date, and you now need to apply for a possession order, then:

• If the section 21 notice only needed to give the tenants 2 months' notice (which is the case for most tenancies), you must start your claim either within 6 months of the date you served this notice, or by 31 July 2026 (whichever date comes first).
• If the section 21 notice needed to give the tenants more than 2 months' notice (e.g. where rent is paid quarterly, 6-monthly or annually), you must start your claim either within 4 months of the leaving date stated in the notice, or by 31 July 2026 (whichever date comes first).

Applying for an order for possession

You can apply to the county court for an order for possession. This is called making a claim for possession.

You must apply to the county court in the area where the property is located. To find the address of the court, use the HMCTS Court Finder.

Documents you must send to the court

You must send all required documents to the court, and a cheque for the court fee made payable to HMCTS. To find the amount of the court fee, see leaflet EX50 on The Court Service website.

You must send:

• Form N5B (Claim form for possession of property – accelerated procedure).
• Tenancy agreement (current and original if you've granted more than one tenancy agreement to the same tenant at the same property).
• Section 21 notice and proof of service (such as a recorded delivery receipt). If you don't have proof of service of the section 21 (and section 20 notice if applicable), you may need to complete a certificate of service (Form N215) or a witness statement to provide evidence of how the notice was served. Some county court judges have been known to require a certificate of service or witness statement rather than just attaching a copy of the section 21 notice signed by the tenant to the claim form.

You must also send the following documents, if applicable:

• Proof that the tenancy deposit has been registered in an authorised scheme - (if the deposit hasn't been returned to the tenant since the section 21 notice was served). For more about registering the deposit see Registering the deposit.
• Licence (or evidence that it's been applied for) if the property is a Houses in multiple occupation (HMOs) or is in an area designated for licensing by the local authority (see Overview of registration and licensing).
• Section 20 notice (if applicable – see above) and proof of service.

You may need to pay stamp duty on the tenancy agreement before sending it to the court if the tenancy started before 1 December 2003.

When the court gets the claim

The court will:

• Issue the claim
• Give it a claim number (the court's reference number)
• Write to you to confirm that the claim has been served and the date of service
• Send a copy of the claim to the tenant (with a date to respond by)

The tenant will have 14 days (from the date of service) to send a defence to the court (for example, to say why they oppose the claim or asking for a postponement of possession on the ground it would cause them exceptional hardship). The court can accept a defence if the tenant files it with the court after 14 days but before you ask the court for a possession order.

The court will send you either:

• a copy of the tenant's defence (if any); or
• a form to fill in to ask the court to make a possession order (if the tenant sends no defence).

You'll have 3 months to fill in the form to ask the court to make a possession order. If you don't return the form to the court within 3 months, your claim will be put on hold.

What the court may decide

When the court gets your request for a possession order, or the tenant's defence (opposing the claim for possession), the claim will be referred to a judge.

The judge can decide to make an order for absolute possession of the property; this means you won't need to attend a court hearing and the tenant must leave the property by a specified date (usually within 14 days from the date of the possession order).

If, however, the judge isn't satisfied that the claim form for possession of the property (form N5B) was served on the tenant or that you've properly established a right to possession, the judge may set a date for you to attend a court hearing (or even dismiss the claim).

If the tenant applies to postpone possession because of 'exceptional hardship' and the court accepts this, the court may give the tenant up to 6 weeks to leave the property (instead of the usual 14 days). If this happens, you (or your legal representative) can ask to attend a court hearing to raise objections to the tenant's application to postpone possession.

If the tenant ignores an eviction order

You must not evict the tenant yourself.

If the court makes an absolute order for possession and the tenant doesn't leave by the date stated in the possession order, you must:

• Apply to the court for a warrant for possession – using court form N325.
• Send this form to the court, with a cheque for the court fee made payable to HMCTS. To find the amount of the court fee, see leaflet EX50 on the Court Service website.

The court will arrange for court bailiffs to evict the tenant on your behalf.

Be aware that if the tenant doesn't move out by the date stated in the possession order and you ask them to pay rent, the court could rule that a new tenancy has arisen. You may be entitled to be paid damages if they remain in possession without permission. You should seek legal advice in these circumstances.