Housing Possession Journey
The legal process by which a landlord seeks to recover possession of a rented property, from serving notice through to court hearing, possession order, and enforcement by bailiffs.
Who Uses This Journey
Residential landlords seeking to recover possession of a property from tenants, and tenants who need to understand the process and their rights when faced with a possession claim. Note: the Renters' Rights Bill (if enacted) will abolish s.21 'no-fault' eviction.
Stage-by-Stage Timeline
Serve Notice (Section 21 or Section 8)
The first step is to serve valid notice on the tenant. Section 21 HA 1988 (no-fault): requires Form 6A, 2 months' notice, and landlord must have complied with all prescribed requirements (deposit protection, gas safety, EPC, How to Rent guide). Section 8 HA 1988: notice on prescribed form (Form 3), stating grounds under Schedule 2 HA 1988 (e.g. Ground 8 — 2 months' rent arrears). Notice periods: Ground 8 = 14 days.
- Tenancy agreement
- Evidence of compliance with prescribed requirements (s.21)
- Rent account showing arrears (s.8)
- Proof of service of notice
- S.21: Not having protected the deposit in an approved scheme — s.21 notice invalid
- S.21: Not having served the Gas Safety Certificate and EPC before tenancy started
- S.21: Using the wrong form or version of Form 6A
- S.8: Not specifying the correct grounds or amounts
Expiry of Notice Period
The notice period must expire before proceedings can be issued. Check: (1) the notice was served correctly (by hand, post, or permitted method), (2) the notice period has not been exceeded — for s.21 the landlord must issue within 6 months of service.
- Issuing before the notice has expired
- Forgetting the 6-month window for s.21 — the notice expires and a new one must be served
- Service by email unless AST allows this
Issue Claim (N5 or N119)
File a possession claim at the court. Standard possession claim: Form N5 + N119 (rented property). Accelerated possession (s.21 only): Form N5B — no hearing is usually required. Claims can be filed online via the Possession Claims Online (PCOL) service. Fee depends on the type of claim.
- Completed claim forms with full tenancy details
- Copy of tenancy agreement
- Copy of notice served and proof of service
- For s.21: copies of prescribed documents (deposit certificate, gas safety, EPC, HTRG)
- For s.8: rent account statement
- Using the wrong form
- Incomplete particulars of claim
- Not attaching copies of all required documents
Defendant's Response
The tenant (defendant) receives the claim and has the opportunity to file a defence. For accelerated possession (N5B), the tenant can complete Form N11B to challenge the claim, e.g. if prescribed requirements were not met. For standard claims, Form N11 is used. The tenant may also apply for a stay of execution if they need more time.
- No defence filed — judgment on the papers (accelerated) or at hearing
- Defence filed — hearing listed
- Tenant vacates voluntarily — proceedings withdrawn
- Tenants: Not filing a defence in time — this is their only chance to challenge the claim
- Landlords: Not considering whether the defence raises valid points before the hearing
Possession Hearing
For standard possession claims, a hearing is listed before a district judge. For accelerated possession claims, the judge usually decides on the papers — no hearing unless the tenant files a defence. At the hearing, the judge considers the merits, makes any discretionary decision (e.g. suspension of possession order on s.8 discretionary grounds), and orders possession.
- Outright possession order — tenant must leave by a specified date (usually 14 days, or 28 days in exceptional hardship)
- Suspended possession order — on conditions (e.g. pay arrears by instalments)
- Claim dismissed — landlord may have to pay costs
- Adjournment for more evidence
- Not attending the hearing — automatic adjournment is not guaranteed
- Not bringing up-to-date rent arrears schedule
Possession Order
A possession order is made specifying the date by which the tenant must vacate. If the tenant does not leave by the order date, the landlord can apply for a warrant of possession. Breach of a suspended possession order entitles the landlord to reactivate the warrant.
- Landlords: Attempting to re-enter without a warrant — this is unlawful eviction, a criminal offence
- Tenants: Not applying to suspend the warrant if they have grounds
Apply for Warrant of Possession (N325)
If the tenant has not vacated by the order date, apply for a warrant of possession using Form N325. Court bailiffs are instructed to carry out the eviction. Alternatively, the landlord can apply to the High Court to transfer enforcement and use High Court Enforcement Officers (HCEO) — faster in most cases.
- Not checking whether the tenant has applied to suspend the warrant
- Attending on eviction day without all keys — HCEO may not be able to change locks
Bailiff Eviction
Court bailiffs (or HCEOs) attend the property on the appointed date and require the tenant to leave. If the tenant refuses, they are physically removed. The landlord re-takes possession. The landlord must not remove belongings — the tenant has a right to collect them.
- Tenant leaves on eviction day — possession recovered
- Tenant applies last-minute to suspend warrant — hearing adjourned
- Tenant abandons property before eviction day
- Landlord changing locks before bailiff appointment — unlawful eviction
- Disposing of tenant's belongings immediately — tortious interference with goods
- Not notifying the local authority if tenant is likely to be made homeless — not legally required but good practice