Eviction Solicitors for Landlords
If you are a landlord and need to evict a tenant, recover possession of your property or deal with rent arrears, it is important to seek expert legal advice before taking action.
The eviction process in the UK is heavily regulated. Serving the wrong notice, using the wrong procedure or applying to court too early can lead to delays, wasted legal costs and the need to start the process again. In more serious cases, landlords may also face allegations of harassment or unlawful eviction if they try to recover possession without following the correct legal process.
At Clough & Willis, our eviction solicitors advise landlords on possession proceedings, tenant evictions, rent arrears, Section 8 evictions, possession orders and the legal steps required to recover residential property.
To speak to our tenant eviction solicitors, call 0800 083 0815 or complete our .
How can Clough & Willis help landlords with evictions?
Possession proceedings often involve technical rules, strict notice requirements and court deadlines. It is important for landlords to understand which legal grounds may apply before taking action, as mistakes can delay the process, increase costs or affect the success of a claim.
Our dispute resolution solicitors will review your position, explain your options and advise you on the best course of action to secure possession of your property. We can assess the tenancy agreement, rent arrears, tenant conduct, notice requirements and supporting evidence before advising on the most appropriate route.
We can advise on:
- Possession grounds and notices: advising whether you have grounds to evict and preparing a valid notice.
- Rent arrears: helping you recover possession and pursue unpaid rent where appropriate.
- Tenancy breaches: advising on anti-social behaviour, property damage and other breaches of the tenancy agreement.
- Possession claims: preparing and issuing county court possession proceedings.
- Defended claims and hearings: supporting you if the tenant disputes the claim or a hearing is listed.
- Enforcement: advising on warrants of possession and court bailiffs if the tenant does not leave.
- Unlawful eviction risks: helping you avoid procedural mistakes and protect your position.
Our aim is to make sure that as a landlord you avoid procedural mistakes, protect your position and recover possession as efficiently as the law allows.
The eviction process in England after the Renters' Rights Act
The eviction process in England changed significantly under the Renters’ Rights Act, with Section 21 “no-fault” evictions abolished from 1 May 2026. Since the introduction of this legislation, landlords need to rely on a valid legal ground for possession and follow the correct formal process before they can recover a residential property.
This means the eviction process is now more evidence-led. Before starting possession proceedings, landlords should be clear on the reason possession is being sought, the type of tenancy in place, the terms of the tenancy agreement and the documents needed to support the claim.
Where there are rent arrears, anti-social behaviour, damage to the property or another breach of the tenancy, landlords must identify the relevant statutory ground for possession and serve a valid Section 8 notice before applying to the county court. The notice period and evidence required will depend on the ground being relied upon. If the tenant does not leave after the notice period expires, the landlord may then need to apply for a possession order.
If the court grants a possession order and the tenant still does not leave by the eviction date, further enforcement may be required. This usually means applying for a warrant of possession so court bailiffs can recover the property lawfully.
In these situations, it is important to act carefully. Trying to evict a tenant without following the correct process can lead to delays, additional legal costs and potential allegations of unlawful eviction.
At Clough & Willis, we support landlords to take a considered and strategic approach. We will advise on the strength of your position, the evidence you may need and the practical steps available to recover possession of your property lawfully.
Possession proceedings and court claims
If a tenant does not leave after a valid notice has been served, the landlord must apply to the county court for a possession order before they can lawfully recover the property. This is the formal stage of the eviction process where the court considers whether the landlord has established the legal ground for possession being relied upon.
The strength of the claim will depend on the statutory possession ground being used, the evidence available and whether the tenant disputes the application. Common grounds include serious rent arrears, breach of the tenancy agreement, anti-social behaviour, the landlord or a family member needing to occupy the property, sale of the property, redevelopment or other circumstances recognised by law.
Our possession proceedings solicitors will prepare the claim, advise on the evidence required and deal with court correspondence on your behalf. If a court hearing is needed, we will prepare you in advance, organise the evidence and present your position clearly and effectively.
Where the court grants a possession order, the team at Clough & Willis will advise on enforcement if the tenant does not leave by the date ordered by the court, including applying for a warrant of possession should this be required.
Rent arrears and recovering unpaid rent
When a tenant stops paying rent, the priority is to prevent the arrears from increasing and recover what is owed wherever possible. This may involve seeking possession, pursuing a money judgment, negotiating payment proposals or considering enforcement options.
At Clough & Willis, we can review the rent account and advise on the best way to deal with the arrears alongside the wider possession strategy. We will help you understand whether the arrears strengthen your claim, whether they can be included in the proceedings and what evidence will be needed to support recovery.
We will also advise on whether it is worth pursuing unpaid rent after the tenant has left the property. Enforcement may be worthwhile where the tenant can be traced, has employment, assets or a known address, and the amount owed justifies the likely cost of recovery.
In other cases, further action may not be commercially sensible. If the tenant cannot be located, has no obvious means to pay or the arrears are relatively low, the cost and time involved in enforcement may outweigh the amount likely to be recovered.
Our focus is to help you reduce further losses, protect your property and make a practical decision about whether recovering the unpaid rent is likely to be worthwhile.
Eviction solicitors fees
The legal costs involved in eviction and possession proceedings will depend on the type of claim, the evidence required and whether a court hearing or enforcement action is needed.
Costs may vary depending on whether the matter involves rent arrears, anti-social behaviour, breach of the tenancy agreement, a defended possession claim, a warrant of possession or enforcement by court bailiffs.
At Clough & Willis, we will explain the likely costs at the outset, including our legal fees, court fees and any other disbursements. If the matter becomes more complex, we will tell you what additional work may be required and how this could affect the overall cost.
Contact the Clough & Willis eviction solicitors today to discuss your circumstances and receive a tailored quote. Once we understand your situation, we will be able to give you a clear idea of the likely costs before you instruct us to take action.
FAQs about eviction and possession proceedings
How long does the eviction process take?
The eviction process varies significantly, and the time it will take will depend on the possession ground being used, the notice period required, how quickly the court processes the claim and whether the tenant disputes the application.
A claim is likely to take longer if the notice is invalid, key documents are missing, the arrears are disputed or a court hearing is needed. If the court grants a possession order and the tenant still does not leave, extra time will also be needed to apply for a warrant and arrange court bailiffs.
Our eviction solicitors can review your position early, identify likely delays and help you take the right steps to keep the process moving.
Do I need eviction solicitors to evict a tenant?
Landlords can deal with some possession matters themselves, but the eviction process is technical and mistakes can be costly. If the wrong notice is served, the notice period is miscalculated or the court papers are incomplete, possession proceedings may be delayed or rejected.
Our eviction solicitors will review the tenancy agreement, advise on the correct process, prepare a valid notice and help you apply to the county court for a possession order where required.
How do I evict a tenant legally?
To evict a tenant legally, a landlord must follow the correct process. This will usually involve serving a valid eviction notice, allowing the required notice period to expire and applying to court for a possession order if the tenant does not leave.
If the court grants a possession order and the tenant remains in the property after the eviction date, the landlord may need to apply for a warrant so court bailiffs can enforce the court order. Landlords should not try to evict tenants themselves without following the law.
Can I still use a Section 21 notice?
Section 21 notices can no longer be used as a route to evict tenants in England.
Following the Renters’ Rights Act reforms, landlords must rely on a valid statutory ground for possession and follow the correct notice and court process. Historic Section 21 transitional arrangements have now ended, so landlords who previously relied on this route will need advice on the alternative grounds available.
Our eviction solicitors can review your tenancy, explain whether you have grounds to seek possession and advise on the correct process before you take court action.
What evidence do I need for possession proceedings?
The evidence required will depend on the possession ground being used. For rent arrears, you will usually need an up-to-date rent schedule, payment records and a clear record of what remains unpaid.
For issues such as anti-social behaviour, damage to the property or breach of the tenancy agreement, the evidence should show what happened, when it happened and why it supports possession. This may include photographs, inspection notes, witness evidence, complaints or correspondence with the tenant.
The tenancy agreement, eviction notice and proof of service will usually be central to the claim. You may also need documents showing that landlord obligations have been met, such as the gas safety certificate, energy performance certificate and deposit information.
At Clough & Willis, we will work with you to identify the evidence needed, organise the papers and present them in a clear, persuasive way for the court.
What happens if the tenant defends the possession claim?
If the tenant defends the possession claim, the court may list a hearing and require both sides to provide further evidence. A defence can delay the process, but it does not necessarily mean the claim will fail.
The tenant may dispute the rent arrears, argue that the notice was invalid, raise concerns about disrepair or say that the landlord has not followed the correct rules. In some cases, the dispute may be narrow and capable of being dealt with quickly. In others, further evidence, negotiation or a more detailed court hearing may be needed.
Our possession order solicitors can review the defence and give you a practical view on risk, cost and prospects of success. We will help you decide whether to continue, negotiate or adjust the strategy, then prepare the evidence and present your position clearly at court.
What is the difference between a standard possession order and an accelerated possession order?
A standard possession claim is now the main route for landlords who need the court to decide whether possession should be granted. The landlord must rely on a statutory ground for possession, serve the correct notice and provide evidence to support the claim. This route is relevant where the case involves rent arrears, breach of the tenancy agreement, anti-social behaviour, sale of the property, redevelopment or the landlord needing to occupy the property.
An accelerated possession order was linked to Section 21 notices. Since Section 21 no-fault eviction was abolished in England, accelerated possession is no longer a standard route for new possession claims. It was only available in limited transitional cases where a valid Section 21 notice had already been served before the Renters’ Rights Act reforms took effect and the landlord applied to court within the required deadline.
For landlords now seeking possession, the focus should be on identifying the correct statutory ground, serving a valid notice and preparing the evidence needed for the court.
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If you need advice about evicting a tenant, rent arrears, possession proceedings or applying for a possession order, Clough & Willis can help.
Our eviction solicitors will explain your options, handle the legal work and guide you through the process with practical advice tailored to your circumstances.
Contact us today to speak to an eviction solicitor by calling 0800 083 0815 or fill out an and we will get back to you at a convenient time.
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Clough & Willis Solicitors is a highly respected and forward-thinking full-service law firm, delivering high-quality legal advice on a wide range of personal and commercial matters. From our offices in Bolton and Bury, we provide friendly, approachable and comprehensive legal guidance to individuals and business clients across England and Wales.
For more information about any of our services, please complete the online form or call 0800 083 0815 to speak with a member of our friendly team.
