Residential Landlord and tenant disputes (possession claims)

The most commonly used notice is a section 21 notice. This can be served on a tenant to expire at the end of the fixed term of the tenancy or any time after the fixed term has ended and the tenant is occupying the property on a rolling tenancy. The notice period is 2 months.  There are many requirements for a valid section 21 notice that catch out landlords.  For example, the notice will not be valid if the landlord has not show that all the tenancy deposit rules have been complied with.

A section 8 notice can be used at any time during the fixed term or if the landlord has not complied with all the requirements for a section 21 notice. A section 8 notice can only be served when the tenant is in breach of a term of the tenancy. For example, if the tenant is not paying the rent the landlord can serve a section 8 notice. The notice period will be 2 weeks. If the tenant is more than two months in arrears when the notice is served and at the court hearing, the court will grant an Order for Possession.  If the tenant owes less than two months’ rent, the court has discretion about granting an order and, unless there are really serious problems such as anti-social behaviour towards neighbours, you are unlikely to be granted an Order for Possession.

You can file a claim either directly with the closest county court, online if there are rent arrears or using the accelerated possession claim route. A court fee will be payable on filing the claim. You must provide evidence including the notice seeking possession and evidence to show that you have complied with all the requirements for a valid section 21 notice or the breach of tenancy if you are relying on a section 8 notice.

Accelerated possession claims offer a quicker method for landlords to reclaim possession of their property. The accelerated route is not suitable if you want to claim for rent arrears as well as possession.  You can only use this route if there is a written tenancy agreement.

The accelerated possession procedure is generally quicker and cheaper as it avoids the need for a court hearing, unless the tenant responds with a defence that raises reasonable grounds for a defence to the claim.

Following submission of the Accelerated Claim Form, the Court will serve the claim on the tenant and the tenant has 14 days to reply with any defence.  If no defence is received, the Notice of Issue form is sent back to the Court and the Order for Possession is issued by post.

We can review all your documents to check that you will be successful in filing an accelerated possession claim.

There is no defence to a valid section 21 notice. If a landlord serves a section 21 notice the tenant only has an option of defending the claim if there is a technical problem, such as a mistake or the landlord has not complied with all the requirements for a valid section 21 notice.

If the landlord has served a section 8 notice, the tenant may respond with evidence to defend the grounds as set out in the notice. Most commonly, the tenant may pay some or all of the rent arrears. If the tenant owes less than two months’ rent, the court has discretion about granting an order and, unless there are really serious problems such as anti-social behaviour towards neighbours, you are unlikely to be granted an Order for Possession.

Our fees will be £1,100 plus vat plus the court fee to prepare and file a possession claim using the accelerated procedure.  This includes reviewing your documents, including tenancy agreements, ‘How to Rent’ booklet, EPC, tenancy deposit prescribed information and certificate, gas safety certificates, section 21 notice, drafting the claim form and liaising with you and the court.

If it is necessary to file a claim with the county court or the tenant files a Defence making a court hearing necessary, our fees will likely be £1,500-£2,000 plus VAT and disbursements (such a Counsel’s fees of approximately £750 plus VAT for representation at the Hearing).

If the tenant does not vacate the property after the Order for Possession is issued, our fees will be approximately £250 plus vat and the court fee to file an application for bailiffs and help you with the bailiffs’ appointment.

The duration of the possession process will depend on whether you are still within the fixed term of the tenancy and the documents you have to support the possession claim.

If you are serving a section 21 notice, the notice period must be a minimum of two months but will be longer if there is more than two months still to run of the tenancy as the notice cannot expire until the end of the tenancy.

Once the notice has expired, you can file a possession claim the next day.  If you have all the required information to complete an accelerated possession claim, you will usually obtain an Order for Possession in 4 or 5 weeks of filing the claim.  If you need to file a possession claim with the court, a hearing will be listed within approximately 8 weeks of the tenant receiving a copy of the claim.

The Order for Possession will give the tenant a period in which to vacate the property. The default period is 14 days.  Sometimes the court will give the tenant 28 days and occasionally where the tenant or the tenant’s children will suffer hardship, a maximum of 42 days can be awarded.

If the tenant does not vacate the property on the date ordered, an application for the bailiffs can be made the following day. The court will issue a warrant of possession fairly promptly but the bailiffs may not issue a date for evicting the tenants for several weeks or even months where the court’s workload is heavy.

So, you need to anticipate a period of roughly four to six months from the date you serve a notice to regaining possession of your property.

You must apply for a warrant of possession to enforce the Order for Possession. You cannot take matters into your own hands and change the locks. Court bailiffs must carry out the eviction process.

Application for a warrant of possession is relatively simple and Mercers can do this for you and advise you on the steps you have to take to assist the court bailiffs. There can be a significant delay of weeks or even months if the court bailiffs are busy.

Yes, the Renters’ Rights Bill is due to come into effect at the end of 2025, or early 2026. The intention of the Bill is to give more rights to tenants.  The Bill is currently progressing through Parliament, but the main crux of the changes will be that landlords will no longer be able to evict tenants without reason. Section 21 notices will be abolished.