Residential Possession
-
98 %queries receive a response in under an hour
-
£ 250 m+assets litigated over in the last 12 months
-
380 +5* reviews on Google
-
500 +cases handled in the last 2 years
Possession proceedings for residential properties can take up to twelve months, if not longer. Notices will typically provide a tenant with between four weeks and four months notice that they need to leave the property. Getting the steps towards residential property possession right the first time is crucial.
One small mistake can set you back to the start, which can be disastrous if your tenant fails to pay their rent.
What are the Reasons for Obtaining Possession of a Let Residential Property?
Money owed by a tenant is the most common cause for a landlord to seek legal advice. But other grounds can cause a disagreement between a landlord and tenant, which require some sort of intervention or dispute resolution. These include:
- The tenant has breached a term in the tenancy agreement, such as allowing the property to fall into disrepair or unlawfully subletting it.
- The landlord wants vacant possession to sell or occupy the property.
The law typically favours the tenant and will always protect their rights and position. It’s not an option for a landlord to just re-enter the property and change the locks. Such unlawful entry would give the tenant a valid claim against the landlord for breach of the tenancy terms.
The Steps to Recover Possession of Residential Property
The landlord’s first step towards recovering their residential property is to serve the tenant with a ‘notice of possession’.
If the notice has been correctly issued and the tenant fails to leave the property within the required timeframe, the landlord must obtain a possession order from the court. They cannot simply take back possession when the notice has expired.
The landlord must issue a possession claim and obtain an order from a county court before a landlord is legally entitled to re-enter the property and evict the tenant. Once the order has been made, and if the tenant does not leave on the date ordered by the court, the landlord can use bailiff services to recover possession from the tenant legally.
Notice of Possession
Most tenancy agreements are Assured Shorthold Tenancies (ASTs). All assured tenancies entered into on or after 28th February 1997 are automatically considered an Assured Shorthold Tenancy.
The Renters Rights Act was introduced on 1 May 2026 and this has limited a landlord’s entitlement to obtain possession of their property from tenants.
There is now only one type of notice which can be used to recover possession of a property let on an AST. This is a Section 8 notice.
The Section 8 notice informs the tenant that the landlord will commence possession proceedings based on specified grounds. The notice will also state the earliest date that proceedings can begin. The new legislation has new grounds, and new notice periods.
The most common reason for using a Section 8 notice is unpaid rent. If rent l arrears remain unpaid once the notice has expired, the landlord can commence possession proceedings after the expiry of the notice.
If a possession claim is not issued within twelve months of service, the original notice is rendered invalid, and the process must start again from scratch.
Crucially, the notice period varies depending upon the grounds for possession cited under Section 8. The most common ground for rent arrears is now a minimum of three months’ or 13 weeks’ rent arrears. In this case, the notice period must be at least four weeks.
We expect that other common grounds will be where the property is needed for either the landlord or a close family member or where the property is being sold. In both instances the landlord cannot serve the notice in the first 12 months of the tenancy, and they will need to give four months’ notice to the tenant.
A Section 8 notice may be invalid if it contains any material errors or is not issued using the latest version of the form.
How the Renters’ Rights Act Has Changed Possession Claims
The Renters Rights Act has significantly overhauled the private rental sector, and the ability of landlords to regain possession of residential property. Section 21 Notices have now been abolished from 1 May 2026 and the legislation is deliberately geared around giving greater security for tenants and making eviction requirements more onerous for landlords. Arrears need to be higher, notice requirements are more stringent, and the eviction court process will take longer.
From 1 May 2026 the only way for a private sector landlord to obtain possession without agreement by the tenant is to serve a Section 8 notice. This notice requires a landlord to rely on a specified ground, or multiple grounds. There have been some changes to existing grounds and the addition of some new ones.
The grounds are split into mandatory and discretionary grounds. Mandatory grounds are those where, if the landlord proves the notice ground requirements are met, the court must order possession to the landlord. Discretionary grounds are those where, even if the landlord proves that the ground is satisfied, the court can still refuse possession if it decides that eviction wouldn’t be reasonable in all the circumstances.
The new section 8 grounds which are likely to be relevant to most private sector landlords are:
- Ground 1 – the landlord or a family member are moving into the property themselves. If the Landlord or a close family member wants to live in the property, they can serve a Section 8 notice with four months’ notice to the tenant. The notice cannot be served in the first 12 months of the tenancy.
- Ground 1A – the landlord wishes to sell the property. A Section 8 notice can be served giving the tenant four months’ notice. Again, the notice cannot be served in the first 12 months of the tenancy.
- Ground 8 – the tenant is in rent arrears. To rely on this ground, there must be three or more months’ (or 13 weeks) rent arrears. The landlord must give four months notice.
- Ground 11 – the tenant is in persistent arrears. This will be relevant where a tenant has repeatedly delayed paying rent must may not meet the threshold required for Ground 8. The landlord will need to give four weeks notice. This ground is a discretionary ground and so there is no guarantee that an order will be made.
- Ground 12 – the tenant has breached one or more terms in the tenancy agreement, not related to rent. The landlord will need to give two weeks notice. Again, this is a discretionary ground.
All of the Section 8 grounds will require evidence in support. It will therefore be important that landlords consider what evidence they have, and if a possession claim is required, this will need to be presented to the court correctly. If the evidence is not presented correctly, the possession claim will fail and the landlord might be ordered to pay the tenants costs, all whilst arrears continue to accrue.
Tenants will also be able to defend the proceedings and make counterclaims including where deposits have not been protected, where there is alleged disrepair in the property and where they say that rent is not properly due. The new regime is likely to result in more defences to possession claims, as tenants can now put landlords to proof as to the evidence supporting their grounds. In turn we anticipate elongated timescales in court claims because more court time will be needed, and with greater incentive to defend and counterclaim, more complex legal and factual arguments are likely to be run, even if they have no merit, simply to buy time.
How to Ensure a Notice is Valid
Below is a basic form of checklist that every landlord should have in mind to help ensure the success of the possession notice when they serve it.This is not comprehensive and there are further other factors we consider when instructed to review, advise, draft and serve notices on behalf of landlords. We complete this work, and act in relation to regaining possession of properties for landlords and investors, nationally.
- Is this the correct form? Is it the latest version?
- Are all the details correct on the form, and is it complete?
- Has the correct amount of notice been calculated? Does it account for service time?
- Is the method of service correct?
- Was the tenant’s original deposit correctly managed in line with the current law?
- Has the ‘prescribed information’ regarding the deposit been supplied to the tenant?
- Has the landlord served a notice before being entitled to do so?
- Have any payments made by the tenant which are prohibited under the 2019 tenant fees legislation been returned to them or dealt with appropriately?
- Do you have evidence supporting the ground(s) that you are relying on?
Any error on the landlord’s part can render a notice invalid, meaning the whole process must start again from the beginning. There is much more to serving a successful notice for possession of residential property than first appears and getting this right is critically important.
Taking professional advice before issuing a notice for possession will ensure correct service, saving landlords time and money. This is now more important than ever, with longer notice periods, higher arrears required to be able to serve notice, and increased court delays in obtaining possession orders because accelerated possession claims no longer exist.
Speak to the Experts
As a landlord, seeking legal advice at the earliest opportunity when encountering difficulties with a tenant is essential to maximising chances of a swift and positive outcome.
We are the largest specialist litigation team outside London. Our team has strength in depth and significant experience. We offer professional and pragmatic legal advice to landlords across the full spectrum of tenancy agreement disputes and residential possession proceedings. We carry out residential property possession work daily in courts across England and Wales.
Whether your tenant dispute is at an early stage or an established complex case, our property litigation team would love to assist you.
Even the most experienced landlords use Helix for specialist advice, to serve notices, issue possession proceedings, and regain control of their property. It’s faster and safer to rely upon legal expertise and experience to get everything right the first time.
Contact our team and we will be happy to assist you.
No Win No Fee Eligibility Calculator
This is a non binding indication whether Helix Law Ltd might be able to offer you a "No Win, No Fee" agreement (also known as a Conditional Fee Agreement, or CFA). There is no cost of obligation for using this service and each case is assessed on its merits.
Area of work
We only enter into CFA funding agreements in relation to some commercial, property and construction disputes. We therefore need to understand what type of dispute you have so that we can assess whether a CFA might be appropriate.
Is the value in dispute more than £10,000?
This is important because typically it is only possible to recover legal costs, including costs funded on a ‘No Win, No Fee’ (or ‘Conditional Fee Agreement’), where the amount in dispute is over £10,000. If you have a dispute where your losses and damages are less than £10,000 it is unlikely we can offer you a CFA.
Is the value in dispute more than £10,000?
This is important because typically it is only possible to recover legal costs, including costs funded on a ‘No Win, No Fee’ (or ‘Conditional Fee Agreement’), where the amount in dispute is over £10,000. If you have a dispute where your losses and damages are less than £10,000 it is unlikely we can offer you a CFA.
Is the value in dispute more than £10,000?
This is important because typically it is only possible to recover legal costs, including costs funded on a ‘No Win, No Fee’ (or ‘Conditional Fee Agreement’), where the amount in dispute is over £10,000. If you have a dispute where your losses and damages are less than £10,000 it is unlikely we can offer you a CFA.
The dispute is:
Generally speaking tenants will not own assets. That means you might ‘win’ but not recover damages and costs- even if the court orders the tenant to pay. Whereas if your dispute is with a property owner we can usually recover your costs and damages from their share of the property.
Is your claim about an unpaid application for payment and/or retention greater than £20,000?
This is important as it helps us assess the likely cost; benefit for you, and our ability to offer you CFA funding.
Do you have a contract in writing or registered shares in your name?
The more evidence you have in support of your allegations, the better your prospects of success. The higher your prospects of success, the more likely we can offer you a CFA funding arrangement.
Is the issue arising recently or within the last 6 years at most?
All disputes are subject to limitation periods- this is the period of time in which a claim must be issued. Most limitation periods in our work are 6 years. There can be exceptions and upto 12 years is possible, but this is a factor that can increase risk to you and to us and might lead to us declining to offer a CFA. With the passage of time memories can/will also fade, and evidence can be lost or destroyed. Acting promptly can therefore be important.
Does the opponent own property in England and Wales?
We want to ensure we can force your opponent to pay if they refuse to pay. If your opponent has assets, usually property, we can have greater confidence of recovering money, property, or assets (or all the above), for you. Otherwise there can be risk that you have a good claim with good prospects of success, but if your oppoennt doesn’t own anything, you might not recover damages or losses.
Thank you for filling out the form
Based on the form, we think there is a good prospect we will be prepared to offer you a No Win No Fee agreement (CFA). Please confirm your contact details and a member of our team will contact you usually within 1 hour during usual business hours.
Outstanding Reviews from Real Business People
Section 8 Notice
A Section 8 notice is usually used when the tenant breaches the tenancy agreement’s terms. The most common reason for using a Section 8 notice is unpaid rent.
The Section 8 notice informs the tenant that the landlord will commence possession proceedings based on specified grounds. The notice will also state the earliest date that proceedings can begin.
If the rental arrears remain unpaid, the landlord can commence possession proceedings after the expiry of the notice.
If a possession claim is not issued within twelve months of service, the original notice is rendered invalid, and the process must start again from scratch.
Crucially, the notice period varies depending upon the grounds for possession cited under Section 8. The most common ground is a minimum of two months’ rent arrears. In this case, the notice period must be at least two weeks.
A Section 8 notice may be invalid if it contains any material errors or is not issued using the latest version of the form.
Section 21 Notice
With a Section 21 Notice, a tenant does not have to be in breach of the tenancy agreement. Once the notice has expired, the landlord can issue court proceedings for a possession order.
The possession date specified in the notice must be at least two months. The earliest possession date depends upon whether the type of tenancy being terminated is a fixed-term or a periodic tenancy. It is essential to seek expert advice to ensure the correct date is used and the notice is valid.
How to Ensure a Notice is Valid
Here is a checklist that every landlord should complete to help ensure the success of the possession notice when they serve it.
- Is this the correct form? Is it the latest version?
- Are all the details correct on the form, and is it complete?
- Has the correct amount of notice been calculated? Does it account for service time?
- Is the method of service correct?
- Was the tenant’s original deposit correctly managed in line with the current law?
- Has the ‘prescribed information’ regarding the deposit been supplied to the tenant?
- Was the tenant supplied with a free Energy Performance Certificate (EPC)?
- Did the tenant receive a valid gas certificate (if relevant) at the start of the tenancy?
- Has the tenant been provided with the appropriate leaflets published by the Department for Communities and Local Government entitled ‘How to Rent: The Checklist for Renting in England’?
- Has the landlord served a notice before being entitled to do so?
- Has the property been licensed (if required) in line with the local authority’s regulations?
- Have any payments made by the tenant which are prohibited under the 2019 tenant fees legislation been returned to them or dealt with appropriately?
Any error on the landlord’s part can render a notice invalid, meaning the whole process must start again from the beginning. There is much more to serving a successful notice for possession of residential property than first appears.
Taking professional advice before issuing a notice for possession will ensure correct service, saving landlords time and money.
Speak to the Experts
As a landlord, seeking legal advice at the earliest opportunity when encountering difficulties with a tenant is essential to maximising chances of a swift and positive outcome.
Helix Law offers professional and pragmatic legal advice to landlords across the full spectrum of tenancy agreement disputes and residential possession proceedings. We carry out residential property possession work daily in courts across England and Wales.
Whether your tenant dispute is at an early stage or an established complex case, Helix Law offers the expertise and experience to find the most cost-effective solution for the best outcome.
Even the most experienced landlords use Helix for specialist advice, to serve notices, issue possession proceedings, and regain control of their property. It’s faster and safer to rely upon legal expertise and experience to get everything right the first time.
We typically operate on a fixed fee basis in residential property possession matters and are regulated by the Solicitors Regulation Authority.
Contact Helix Law today for help with tenancy disputes and residential property possession.
Key Contacts
Related FAQs
Related Experience
Outstanding Reviews from Real Business People
Contact us
People frequently tell us that we’re approachable and offer great advice.
They also tell us most solicitors are hard to get hold of whereas we’re happy to listen. The reason for this is that we value long term relationships and we’re happy to speak with business people, to invest our time in understanding your business and whatever your concerns are. Only at that point can we understand whether we’re the right people to help you.