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You are here: Home / Ending a Tenancy / How do I apply to court to evict my Tenants?
  • Negotiating Surrender *
  • EVICTION - Your Next Step
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  • How do I apply to court to evict my Tenants?
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How do I apply to court to evict my Tenants?

PIMS Eviction System Hub

This hub helps landlords and letting agents move from rent arrears or serious tenant breach to the correct legal route, without rushing into a weak notice or a poorly prepared court claim.

PIMS view is simple: eviction is not one document. It is a controlled system of evidence, compliance, communication, notice, court preparation and lawful enforcement.

Before you serve notice

A rent arrears case can quickly become a deposit, repair, licensing, harassment, quiet enjoyment or Renters’ Rights compliance dispute. Do not start formal enforcement until your file can survive scrutiny.

The PIMS Eviction Journey

1. Start with arrears control

Send the correct letters, build the rent schedule, involve guarantors and avoid drifting.

Use Arrears Letter Pack

2. Check if Section 8 is safe

Do not serve a notice until arrears, repairs, deposit, licensing and evidence have been checked.

Use Compliance Checklist

3. Understand Grounds 8, 10 and 11

Ground 8 is the serious arrears route. Grounds 10 and 11 support pressure, pattern and negotiation.

Read Grounds Deep Dive

4. Serve the correct Section 8 Notice

Use the correct PIMS Form 3A document and make sure the wording, dates and evidence align.

Use PIMS Section 8 Notice

5. Complete the notice correctly

Grounds, legal wording, explanation, service and court date must all be correct.

Section 8 Completion Guide

6. Build the court bundle early

Court is not where you fix weak paperwork. Court is where weak paperwork is exposed.

Court Bundle Checklist

Pre-Notice Risk Checks

Deposit compliance

Check protection and prescribed information proof before enforcement.

Deposit guidance
Repairs and access

Inspect, document issues, instruct trades and record obstruction.

Access guidance
Fines and penalties

A weak compliance file can expose serious financial risk.

Check risk exposure
PIMS position

The strongest landlord is not the quickest to serve notice. The strongest landlord is the one with the cleanest file, the clearest rent schedule, the best audit trail, the correct notice, and evidence showing they acted firmly but reasonably.

Need the full eviction system?

PIMS members get the documents, arrears letters, Section 8 tools, guidance and helpline support needed to control the case before it controls them.

Join PIMS
Only after you have issued the tenant a Notice to quit and they have failed to comply with your wishes are you eligible to make an application to the courts for possession.
 
If you have NOT served a Notice you CANNOT apply to court. Whilst the Landlord Agent [including a Legal Solicitor] may issue a Notice on the Landlord, the legal owner of the property or their Legal representative [Solicitor] can complete an application for a possession order [not the Letting Agent].
 
The section covers "How and when to apply for a possession order" and shows you how to complete the court application process
 
Why are you applying for possession? Court Process

Section 21 Notices (issued before 1May 2026 & Expired Apply for possession

The Tenancy agreement has passed the last day of the fixed term and I have previously issued a Section 21 Notice that has expired. The tenant has not left, I seek possession ONLY and not able secure compensation using this route. compensation for losses see Recovering Debts and Losses from Tenants

Before you apply
  • Review eligiblity
  • Check required evidenced
To apply for posssession after the expiry of the Notice CLICK HERE

Rent Arrears (This is after Section 8 Notice expired)

Must have issued Rent Arrears Letter demonstrating attempts to resolve prior to relying on legal process. Section 8 Notice must have been issued and expired
 
For reference other pages relating to rent matters
If tenant on benefits read Rent Arrears Benefits Claimant
 
 
  1. Make sure you issued rent arrears Letters
  2. You issued a Valid Section 8 Notice
  3. Only now can you Apply for Possession
  4. Prepare for Court Hearing

Tenant in Breach non rent arrears

Must have issue Letters demonstrating attempts to resolve prior to relying on legal process. Section 8 Notice must have been issued and expired. See Tenant breach N5 Non rent arrears

 

  1. Appy to Court Tenant breach Non rent arrears
  2. Court Hearing
 
Unlike the Section 21 route - Where the Section 8 route is used there will always be a court hearing
 
Where possession is sort exclusively on the grounds of rent arrears the Landlord should use the PCOL process as it is cheaper and faster for the Landlord.

Where the Section 8 issued relies on other grounds for Damage, Nuisance etc the Landlord CAN ONLY use the manual process and must complete form N5 and N119.

Where the Landlord is applying for possession using the Section 21 route then click here

Where the Landlord has been granted a possession date using the Section 21 route and now wishes to recover monies from the Tenant for rent arrears or damage see Debt recovery route.

If you have previously used the manual forms N5 and N119 to apply for possession online equivalent process PCOL differs in that it does not follow the same civil procedure [court rules]. There are only a couple of differences but non compliance may invalidate your claim.
Find Local Court
In the case of a possession claim for residential property that relies on a statutory ground or grounds for possession, the claimant must specify, in section 4(a) of the online claim form, the ground or grounds relied upon.

e.g. "As of [date 23/01/11] Rent arrears total X - Section 8 Grounds 8,10,11 rent arrears"

If you use the manual form N5 the instructions are leave blank so one can see why confusion arises. If you do not put the above text your claim is invalid. This is a silly error in the PCOL system for it knows your case is for rent arrears and should simply offer the user a drop down box.


2) You CANNOT attach or EMAIL any documents for such documents will be deemed as NOT being received and inadmissible evidence.


3) RENT ARREARS SCHEDULE MUST BE PROVIDED TO THE TENANT - As of April 09 serve on the defendant not more than 7 days after the date of issue of possession application, a full, up-to-date schedule of rent arrears. Including details of the dates and amounts of all payments due and payments made under the tenancy agreement. In general no more than two years history is what the court is looking for ias a pattern of tenant behaviour , have they always been erratic or could it be a change in their situation as to why arrears have accrued?
Starting a tenancy
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Ending a tenancy
The checkout and exit How to deal with a problem tenant Compare eviction notices Recovering debt Enforcing court orders Section 21 notice Section 8 notice
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Fit for Habitation|March 2019 The ACT is intended to define minimum standards a rental property MUST be and makes a clearer pathway way for Tenants to be compensated|https://www.pims.co.uk/fit_for_habitation_act_march_2019/ Guarantor|The person who provides a guarantee and promises to make payment good should the person responsible for the agreement fail|http://www.pims.co.uk/guarantors/ MEES|The Minimum Energy Efficiency Standard (MEES) Landlords are charged with the requirement to bring their rental property to a minimum EPC rating of E. Property with F and G rating will effectively be banned from the rental market April 2018 |http://www.pims.co.uk/epc/ Section 11|Section 11 of the Landlord and Tenant Act 1985 places an obligation on the landlord to maintain the structure and exterior of the property, including installations for the supply of water, gas and electricity, heating systems, drainage and sanitary appliances|http://www.pims.co.uk/landlord-section-11-repairs/ serving date|This date is the date deemed received at the property - as an example if posted allow for posting days|/serving-notice-on-a-tenant-delivery-days/ Tenancy Application|The objective of vetting is to empower yourself so you can make an informed decision as to the calibre of the prospective person. Making your decision on facts and figures is invaluable and this is why you should always take references. The application form also provides you with permission to perform credits. This form details all the information you should ever require deal with most eventualities including absconding tenants|http://www.pims.co.uk/doc/57/ Tenant Fees|From June 2019 where renting properties in England gone are the days of charging for admin, letting fees, vetting, references, inventory, check in, check out, cleaning, pet insurance or ANY other fee that is not explicitly permitted within the legislation. |https://www.pims.co.uk/ban_letting_fees_act_2019/