Possession Proceedings

Expert legal support for reclaiming your property

The ideal scenario for a landlord with a buy-to-let property is to have long-term, respectful tenants who pay their rent on time and maintain the property in good condition. Thankfully, most tenants are responsible and considerate of their landlord, the property, and their neighbours.

Back to Disputes

However, when the landlord–tenant relationship breaks down, you may be left with no option but to start the legal process of eviction and reclaim your property. To remove problematic tenants, landlords must begin formal Possession Proceedings through the court.

In what situations can I begin possession proceedings against my tenants?

As a landlord, you may be able to start possession proceedings in the following circumstances:

The fixed-term tenancy has ended and you wish to regain possession
The tenant is in rent arrears
The tenant has caused significant damage to the property
The tenant has breached the terms of the tenancy agreement
You intend to sell the property
Neighbours have made complaints about the tenant’s behaviour or nuisance

What is the standard procedure for possession proceedings?

End of a Fixed Term – Section 21 Notice

If you have a fixed-term tenancy agreement, you may serve a Section 21 Notice under the Housing Act 1988 to regain possession once the term ends. This notice does not require you to give a reason for seeking possession.
To use Section 21, the tenant’s deposit must have been protected in an authorised tenancy deposit scheme, and you must have complied with other legal requirements. If the tenant fails to vacate the property by the notice expiry date, you can apply to the court for a possession order.

Section 8 Notice – Breach of Tenancy

If the tenancy is still ongoing and your tenant has breached the agreement (e.g. non-payment of rent or damage), you can serve a Section 8 Notice under the Housing Act 1988. This notice sets out the specific grounds for possession.

If the tenant does not leave once the notice period expires, you will need to apply to the County Court for a possession order to lawfully evict them.

Let us advise you on possession proceedings

At Bennett Oakley Solicitors, our experienced property litigation lawyers can guide you through the possession proceedings process from start to finish. We will provide clear, practical advice and act swiftly to help you recover your property as efficiently as possible.

Speak with a Bennett Oakley expert today

Looking for legal support? Get in touch with our solicitors, and we’ll connect you with the right expertise to meet your specific needs through our trusted legal team and professional partners.

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FAQ Topics

How long does it take to evict a tenant through possession proceedings?

The timeline can vary depending on the route you take and whether the tenant contests the claim. If the process is straightforward, it may take around 8–12 weeks from issuing notice to gaining possession. However, if court hearings are required or the tenant refuses to leave, it could take longer. Our team at Bennett Oakley Solicitors will guide you every step of the way.

What is the difference between a Section 21 and Section 8 notice?

A Section 21 notice allows landlords to regain possession of a property at the end of a fixed-term tenancy without stating a reason, while a Section 8 notice is used when the tenant has breached the tenancy agreement (e.g. rent arrears or property damage). Both have specific legal requirements, and we can advise you on the most suitable option.

Can I evict a tenant without going to court?

You can serve a valid notice (Section 21 or Section 8), but if the tenant does not leave voluntarily, court action will be required to obtain a possession order and legally evict them. Attempting to remove a tenant without a court order could result in illegal eviction claims.

Do I need to protect my tenant’s deposit before starting possession proceedings?

Yes. If you’re using a Section 21 notice, the tenant’s deposit must be protected in a government-approved tenancy deposit scheme, and you must have provided the tenant with the required documentation (e.g. gas safety certificate, EPC, and How to Rent guide). Failing to do so can invalidate the notice.

How much does it cost to evict a tenant through the courts?

Costs depend on the complexity of your case, but at Bennett Oakley Solicitors, we offer a transparent fixed-fee service for possession proceedings, so you’ll know exactly what to expect before taking action.