Our Frequently Asked Questions

No. Even if the tenancy term has ended, tenants are entitled to remain in the property until the landlord obtains a court order for possession or the tenant leaves voluntarily. This means that landlords must follow the statutory eviction process, which normally begins with the service of a Section 8 notice.

No. Once the notice has been served it is important to allow the notice period to expire. Landlords should avoid approaching or pressuring tenants to leave before the legal process has run its course, as behaviour that could be interpreted as harassment may be unlawful under the Protection from Eviction Act 1977.

After the notice has expired and court proceedings have been issued, the court will list the matter for a hearing before a judge. The time taken can vary depending on the court, but hearings are typically listed between 4 and 8 weeks after the claim has been issued.

You are always encouraged to attend your hearing. However, as legal representation will be provided at your first hearing, if you really do not want to attend, or you cannot attend, then your non-attendance can be justified and representation given on your behalf in your absence. Landlords should attend particularly if the tenant is expected to dispute the claim. If you do attend, the legal representative will present the case and deal with the legal arguments.

If the tenant does not attend the hearing, the judge will normally consider the evidence and decide the case in their absence. Provided the legal requirements have been met, the court will usually grant a possession order.

Tenants are entitled to file a defence or raise issues during the court process. Where this happens, the court may consider the defence at the hearing or give further directions before making a final decision. Defended claims can become more procedurally complex, particularly where tenants raise allegations about the tenancy or attempt to bring counterclaims against the landlord. The Landlord Group has extensive experience dealing with defended possession claims, and where a case becomes contested we are able to continue handling the matter and guide it through the court process, ensuring the landlord’s case is properly prepared and presented before the court. Read more here.

If the court grants possession, the order will specify the date by which the tenant must leave the property. In many cases this will be 14 days, although the judge has discretion to allow a longer period in certain circumstances.

If the tenant remains in the property after the date specified in the possession order, the landlord must apply to the court for a warrant of possession. A court bailiff will then attend the property to enforce the order and recover possession of the property for the landlord. Read more here.

No. The Renters’ Rights Act has abolished Section 21 “no-fault” eviction notices. Landlords must now rely on statutory grounds for possession under Section 8, such as rent arrears, breach of the tenancy agreement, anti-social behaviour, or the landlord wishing to sell or move back into the property.

Following the abolition of Section 21, landlords must rely on statutory grounds for possession. Some of the more common grounds include: Ground 8 – serious rent arrears, Ground 1 – landlord wishes to move into the property, Ground 1A – landlord intends to sell the property, Ground 12 – breach of the tenancy agreement, Ground 14 – anti-social behaviour, Ground 17 – tenancy obtained by false information. The most appropriate ground will depend on the specific circumstances of the tenancy. Read more here.

Landlords may seek possession of a property where they intend to sell the property, provided the relevant statutory ground for possession is satisfied. The correct notice must still be served and the landlord must follow the court process to obtain a possession order if the tenant does not leave voluntarily. Read more here.

If a tenant falls into serious rent arrears, landlords may rely on Ground 8, which allows the court to grant possession where the statutory arrears threshold has been met. This remains one of the most commonly used grounds for possession. Read more here.

Many landlords are unsure which ground may apply to their circumstances. In these situations we recommend using our Case Assessment Service, where a specialist solicitor will review the circumstances of the tenancy and advise whether a valid ground for possession is available. Read more here.

No. It is generally a criminal offence to remove a tenant without following the proper legal process, even if the tenancy has ended. Possession must be recovered through lawful court enforcement, usually by a court bailiff.