Applying to court for a possession hearing

Introduction

Most landlords will not have to attend a court hearing to regain possession of their property. The average length of a tenancy is four years and the vast majority of tenancies are ended when the tenant chooses to give notice and leave. 

However, sometimes a landlord has to take action to regain possession of their property. In these cases the landlord will have to serve a notice and follow it up with an application for a possession order if the tenant doesn't leave at the end of the notice period.

Unless the tenancy is an excluded one (such as a lodger), a tenant is entitled to remain in possession of a property until such time as a bailiff enforces a possession order. 

This guide provides information on applying to court for a possession hearing rather than applying for possession via the accelerated possession procedure. It has been updated with the Renters' Rights Act in mind. 

When should I apply to court for a hearing rather than using the accelerated possession procedure?

The accelerated possession procedure allows landlords of assured shorthold tenancies to apply for a possession order without needing to attend a hearing. Instead, the landlord sends off the necessary paperwork for a judge to assess. If successful, the possession order will be issued without a hearing. 

From 1st May 2026, the Renters' Rights Act is in force. From this date, it is no longer possible to serve a new Section 21 notice. Most Assured Shorthold Tenancies will also convert into Assured Periodic Tenancies unless the landlord has already served a possession notice or started possession proceedings.

This means that the accelerated possession route will not be available unless all of the following applies:

• The tenancy was an assured shorthold tenancy agreement before 1st May 2026;
• A valid Section 21 notice was served before 1st May 2026 and the time to apply to court has not run out;
• The application to court is being made before 31st July 2026;
• You are only seeking a possession order and not another judgement for rent arrears.

In any other case, you must apply to the court for a hearing as set out below. This includes applying to court after the service of a Section 8 Notice (for assured periodic tenancies), after a tenant serves notice to quit and then does not leave, or after the landlord serves notice to quit to end a non-assured tenancy. 

How do I apply to court?

After you have given your tenant an appropriate amount of notice, you can apply for a possession hearing by filling out the N5 and N119 forms.

If you have an assured tenancy and you are seeking possession exclusively because of rent arrears, you can apply for a possession hearing online by starting your claim through Possession Claim Online. This means you will have served a Section 8 notice citing grounds 8, 10 and 11 as the reason for possession.

Time limits on applying to court

Bear in mind that this application must be made before the time to use it elapses. For Section 8 notices, this means you must apply within 12 months of service. If the Section 8 notice was served before 1st May 2026,  the application must also be made before 31st July 2026. 

Completion notes for court forms and PCOL

To help our members regain possession where needed, the NRLA has produced some completion notes for the N5 and N119, for the N215 certificate of service, as well as a warrant for possession (N325) and bailiff risk assessment (EX97A). 

We have also produced guidance on using the Possession Claim Online (PCOL) process which you can find below as well.