Possession Claims: A Guide
Possession Claims: Navigating Landlord & Tenant Rights
If you are facing a dispute over property possession, you may feel uncertain about the appropriate action to take.
We understand these concerns, and we are here to provide expert guidance, offering reassurance throughout the possession claims process.
What is a Possession Claim?
A possession claim is legal action brought by a landlord to regain possession of a property from a tenant.
This is most commonly due to rent arrears but may also arise from other breaches of the tenancy agreement. Under the Renters’ Rights Act 2025 there is provision for a landlord using Ground 1 to move into the property, or a member of the landlord’s family is to, or Ground 1A the landlord intends to sell and these grounds whilst no fault of the tenant can also form the basis of a possession claim.
Common grounds for possession include:
- Rent arrears
- Damage to the property
- Causing a nuisance to neighbours
- Breaching tenancy agreement terms
The grounds used will determine the evidence required in court.
From 1 May 2026 landlords with Housing Act tenancies will only be able to use the Section 8 notice to evict a tenant. The claim process ultimately seeks a possession order, which legally entitles the landlord to regain possession of their property.
Who Can Initiate a Claim?
Landlords usually initiate possession claims. However, mortgage lenders can also bring claims if a homeowner defaults on mortgage payments. In all cases, strict legal procedures must be followed, and possession can only be granted by a county court—or in some cases, the High Court.
Until 30 April 2026 the process begins when a landlord serves the tenant with a Section 21 Notice or Section 8 Notice. This should include the following:
- Sets a date by which the tenant must leave
- Warns that failure to comply may result in court action
If the tenant does not leave by the specified date, the landlord can apply to the court for a possession order.
From 1 May 2026 the section 21 notice is abolished, save those that have already been served, but even those have a limited life span from that date.
Making a Possession Claim: The Process
The claim form requires detailed information about the property, tenancy, and grounds for possession. Accuracy is crucial: mistakes or omissions can delay or undermine the claim.
Once the form is complete, it is submitted to the county court, beginning the formal legal process. We offer fixed-fee services for this process, from issuing proceedings to securing a possession order.
If based on a Section 21 notice and rent arrears are not being claimed, landlords may use the accelerated procedure provided their paperwork is all in order. In many cases, judges can decide without a hearing, provided there is sufficient documentation and the case is straightforward.
However, a hearing may be required if the judge requires further clarification and will almost certainly take place if the claim is defended.
If based on a Section 21 notice and rent arrears are not being claimed, landlords may use the accelerated procedure provided their paperwork is all in order.
In many cases, judges can decide without a hearing, provided there is sufficient documentation and the case is straightforward. However, a hearing may be required if the judge requires further clarification and will almost certainly take place if the claim is defended.
How to Set Aside a Possession Order
Possession orders can be set aside if:
- Accelerated proceedings were misused (e.g. The Section 21 Notice was invalid)
- A tenant missed the hearing for valid reasons and acted promptly afterwards
This ensures fairness and protects tenant rights in the possession process.
Legal Requirements, Documentation & Disputes
When a possession claim involves a hearing which is when rent arrears are claimed with a section 21 notice or a section 8 notice forms the basis for the claim,, it is likely to involve the following:
- Collating all relevant documents and correspondence
- Preparing witness statements
- Drafting a statement of costs
- Following pre-hearing directions from the court
- Instructing an advocate
Tenants can file a defence challenging the notice or requesting more time to vacate due to exceptional hardship. They may also file a counterclaim, for example due to the condition of the property and/or the landlord’s failure to action essential repairs (not usual in accelerated claims).
Defences can also be filed in both Section 8 and Section 21 proceedings, particularly if the notice served is invalid or the correct process has not been followed.
The court will require either electronic or hard copy copies of all case documents, and in defended cases prior to a trial a properly prepared document bundle. You will therefore need to carefully collate all relevant documentation, in advance of the hearing, including any evidence you may rely on.
Witness statements are required by the Civil Procedure Rules in possession proceedings. They should be clear, factual, and well-prepared to support your case. You may benefit from advice on how to prepare your witness statement, what level of detail to include, and how to file supporting evidence.
Enforcing Possession Orders: Understanding Warrants for Possession
If a tenant does not leave after a possession order is granted, landlords can apply for a warrant of possession.
This legally authorises bailiffs to evict the tenant. The court will notify the tenant of the scheduled eviction; however, tenants may apply for a suspension, which could potentially delay the process. A Risk Assessment must be completed for every warrant to support the Bailiff with the appointment.
How We Can Assist You: Full Case Management Support
Possession claims can be complex, particularly when a defence or counterclaim is involved. We provide complete case management, including instructing a barrister to represent you in court. Our experienced team ensures your case is presented effectively, giving you confidence throughout the process.
Document Review
We offer detailed document reviews to check compliance before proceedings begin. This includes reviewing claim forms, particulars, and supporting documents to avoid delays and strengthen your case.
Instructing an Advocate
For complex claims, expert court representation is vital. We can instruct an experienced advocate to present your case, ensuring your rights are protected and your property interests safeguarded.
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