For landlords of residential properties looking to regain possession, there is a legal process that must be followed carefully. Unless your tenant agrees to leave voluntarily, you will usually need to serve a Section 8 notice and may need to apply to court for a possession order.

The eviction process in the UK is highly regulated, and mistakes with the notice period, tenancy agreement, deposit protection, claim form or court process can lead to delay, additional court costs and, in some cases, allegations of unlawful or illegal eviction.

At Clough & Willis, our eviction solicitors advise landlords on possession proceedings, tenant eviction, rent arrears and landlord & tenant disputes. We can guide you through each stage of the eviction process, from reviewing your tenancy agreement and serving the correct notice to issuing possession proceedings, applying for a possession order and where necessary taking enforcement action if your tenant refuses to leave.

To speak to our team, based in Bury and Bolton, call 0800 083 0815 or complete the online enquiry form on this page and we will get back to you.

When Should You Seek Legal Advice For a Possession Claim?

You should seek legal advice before serving notice or starting a possession claim, particularly where there are rent arrears, a dispute with the tenant or uncertainty over tenancy documents. Our solicitors can also assist where you have already tried to recover possession, but the process has become delayed, contested or unclear.

This may include situations where your tenant is in rent arrears, has unpaid rent, has damaged the property, breached the tenancy agreement or engaged in anti-social behaviour. You should also consult with our team where a fixed term tenancy has ended and the tenant has not left, and you are unsure whether the correct notice has been served, or if you have served notice but the tenant remains in the property.

If the matter has reached court stage, do not delay in seeking legal advice. You may need support issuing a possession claim in the County Court, responding to a tenant’s defence form, preparing for a court hearing, enforcing a possession order or applying for court bailiffs where the tenant refuses to leave.

Whatever stage the matter is at, our team can review your position, establish the strength of your claim and develop a strategy for returning possession of the property to your hands.

The Eviction Process for Landlords

The eviction process will depend on the type of tenancy, the reason you want possession and whether the tenant leaves voluntarily. Different rules can apply to assured shorthold tenancies, assured tenancies, regulated tenancies, housing association tenancies and other residential arrangements.

Landlords should never attempt to remove a tenant themselves. Changing the locks, removing belongings or pressuring a tenant to leave without following the correct legal process can lead to allegations of unlawful or illegal eviction. Unless the tenant leaves voluntarily, you will usually need to serve the correct notice and apply to court for a possession order if the tenant remains in the property.

The process generally follows these steps:

Serving the correct notice

The first step is usually to serve an eviction notice. The type of notice required will depend on the tenancy and the reason for seeking possession. For many landlords, this will involve a Section 8 notice, particularly where the tenant has rent arrears, has breached the tenancy agreement or has caused problems at the property.

It is important that the landlord gives the correct notice, uses the correct form where required and calculates the notice period properly. Simple procedural errors will make the notice is invalid, and the court may reject the possession claim, and you will have to start the process again.

Starting a possession claim

If the notice ends and the tenant does not leave, the landlord will need to start a possession claim through the court. We prepare and issue landlord possession claims, including the claim form and supporting evidence.

This may include evidence relating to the tenancy agreement, notice served, rent arrears and any breach of tenancy.

The court will then issue the claim. In some cases, the tenant may file a defence form challenging the possession proceedings. This might happen if they say the notice was invalid, the deposit was not protected in a government approved scheme, the landlord gave the wrong notice period, repairs were not dealt with properly, or the rent arrears are disputed.

Court hearings and possession orders

Some possession claims can be dealt with on the papers, but others may require a court hearing. At the hearing, a judge will consider the tenancy, the notice, the grounds for possession and any defence raised by the tenant.

Where mandatory grounds apply, the court must usually make a possession order if the requirements are met. Where discretionary grounds apply, the judge will consider whether it is reasonable to make a possession order.

If a possession order is made, it will state the date by which the tenant must leave the property. This is often 14 days from the date of the order, although the court may allow longer in certain circumstances, such as where the tenant can show exceptional hardship.

Court Bailiffs and Enforcement

If the tenant does not leave by the date set out in the possession order, you must not attempt to remove them yourself. The next step is to apply for a warrant of possession so that court bailiffs can enforce the order.

Court bailiffs must give notice before the eviction date. The timing can vary depending on court availability, so it is important to factor enforcement into the overall timescale.

Our solicitors will guide the process after a possession order has been made and handle the next steps if the tenant refuses to leave.

Court Costs, Legal Costs and Fixed-Fee Advice

Eviction proceedings can involve a number of different costs, including solicitor fees, court costs, hearing costs and enforcement costs if court bailiffs are required.

The total cost will depend on the type of notice, whether the tenant leaves voluntarily, whether the possession claim is defended, whether a court hearing is needed and whether you need to enforce the possession order.

For landlords who are unsure which route to take, we offer an initial meeting and/or review of the papers at a fixed fee of £275 plus VAT . As part of this review, we will consider your options and recommend a pragmatic course of action. At this point, we can advise on the expected costs, before you agree to proceed with us.