How to regain possession of your property legally as a landlord

Regaining possession of a rental property can be a stressful, time-sensitive issue for landlords, particularly when tenants have stopped paying rent, breached the tenancy agreement, or refused to leave the property. Since the abolition of section 21 notices in England under the Renters’ Rights Act 2025, landlords are now increasingly reliant on formal legal grounds when seeking possession.

Acting too quickly or attempting informal eviction measures can create serious legal risks. Landlords should therefore understand the correct legal process before taking action.

Our property litigation solicitors support landlords nationwide with possession proceedings, section 8 notices, rent arrears disputes, guarantor claims, and all landlord and tenant matters. 

If you require guidance or would like to discuss your situation, contact our team for tailored advice and practical solutions.

When can landlords seek possession of a property?

Landlords may seek possession for a range of reasons, including:

• Rent arrears.
• Persistent late payment of rent.
• Breaches of the tenancy agreement.
• Anti-social behaviour.
• Property damage.
• False information provided by tenants.
• Other statutory grounds under the Housing Act 1988.

The legal route available will depend on the tenancy type, the grounds relied upon, and whether the landlord has complied with their legal obligations.

What is the legal process for regaining possession?

The process for regaining possession of a property will typically involve several key steps, each of which must be followed carefully to ensure compliance with the law and to avoid unnecessary delays or complications:

• Reviewing the tenancy agreement and compliance position.
• Identifying the appropriate possession grounds.
• Serving the correct legal notice.
• Waiting for the notice period to expire.
• Issuing possession proceedings if the tenant does not leave voluntarily.
• Obtaining a possession order from the court.
• Enforcing the order through bailiffs or enforcement officers if necessary.

Landlords should avoid assumptions that possession can be recovered quickly or informally. Even where tenants are in substantial arrears, the correct legal process must still be followed.

What notice do landlords need to serve?

Since the abolition of section 21 notices in England, landlords will now usually need to rely on statutory grounds under section 8 of the Housing Act 1988. Different grounds apply depending on the circumstances.

In rent arrears cases, landlords commonly rely on:

• Ground 8, where sufficient arrears exist.
• Ground 10, where some rent remains unpaid.
• Ground 11, where tenants persistently delay payment.

Where tenants have stopped paying rent, landlords should also understand the practical and legal considerations involved before taking action. You can also read our guide on what landlords should do when a tenant stops paying rent.

Several grounds are often used together within the same notice. The notice must be drafted carefully and properly served. Mistakes can delay or undermine a possession claim entirely.

What happens if the tenant does not leave?

If the tenant remains in the property after the notice expires, landlords will usually need to issue possession proceedings through the county court.

The court will consider matters such as:

• Whether the notice was valid.
• Whether the possession grounds are established.
• The level of rent arrears.
• Any defence raised by the tenant.
• Whether possession should be granted.

Some possession claims proceed relatively smoothly, while others become contested and more complex.

How long do possession proceedings take?

Timescales for possession proceedings can vary greatly due to a range of factors, such as:

• Court involvement.
• Whether the tenant defends the claim.
• The complexity of the dispute.
• Court backlogs.
• Whether enforcement action becomes necessary.

Delays are increasingly common, particularly where procedural issues arise, or tenants raise counterclaims or disrepair allegations.

Can landlords remove tenants themselves?

No. Landlords are not legally permitted to remove tenants themselves, regardless of the circumstances. Landlords should never:

• Change locks.
• Remove belongings.
• Disconnect utilities.
• Threaten or harass tenants.
• Attempt to force tenants out without a court order.

Unlawful eviction can lead to serious legal consequences, including financial penalties and potential criminal liability.

What is a possession order?

A possession order is a court order requiring the tenant to leave the property. Depending on the circumstances, the court may grant:

• An outright possession order.
• A suspended possession order.
• A money judgment for unpaid rent alongside possession.

If tenants still refuse to leave after a possession order is granted, landlords may need to apply for enforcement action.

What happens if tenants still refuse to leave?

Where tenants remain in occupation after a possession order takes effect, landlords may need to instruct county court bailiffs or seek transfer to the High Court for enforcement.

Only authorised enforcement officers can lawfully remove tenants from the property. Landlords should not attempt enforcement themselves.

Can landlords recover unpaid rent as well as regain possession?

In many cases, yes. Landlords are often able to recover unpaid rent as part of their possession claim, either by seeking a money judgment alongside the order for possession or, if necessary, by pursuing separate legal proceedings. 

However, the likelihood of successful recovery will depend on the tenant’s financial circumstances and whether a guarantor is available.

Landlords may seek:

• Possession of the property.
• A judgment for unpaid rent.
• Interest where applicable.
• Legal costs in certain circumstances.

Recovery options will often depend on the tenant’s financial position and whether a guarantor is in place.

Common mistakes landlords should avoid

Landlords often encounter a range of difficulties during the possession process, particularly when they:

• Delay taking action for too long.
• Serve incorrect notices.
• Miscalculate rent arrears.
• Fail to protect deposits correctly.
• Keep poor written records.
• Attempt informal eviction measures.
• Ignore compliance issues before issuing proceedings.

A carefully managed legal strategy can often help reduce delays and strengthen the landlord’s position.

How the Renters’ Rights Act impacts possession claims

The Renters’ Rights Act 2025 has significantly changed how landlords recover possession of residential property in England.

With section 21 notices abolished, landlords are now far more reliant on section 8 possession grounds and formal court procedures.

Many landlords are therefore increasingly focused on:

• Ensuring tenancy documentation is compliant.
• Keeping better records of arrears and breaches.
• Taking earlier legal advice.
• Avoiding procedural mistakes which may delay possession claims.

A well-prepared approach is becoming increasingly important in residential possession disputes.

FAQs about regaining possession of a rental property

Below are some of the questions landlords commonly ask about possession proceedings and recovering residential property.

1. Can I evict a tenant immediately for not paying rent?

   No. Even where tenants have fallen into substantial rent arrears, landlords must still follow the correct legal possession process. That will usually involve serving a section 8 notice and, if necessary, obtaining a possession order through the court before enforcement action can take place.

2. Do I always need to go to court?
   
   If the tenant does not leave voluntarily after the notice period expires, court proceedings will usually be necessary. Landlords should avoid attempting informal eviction measures, as unlawful eviction can lead to serious legal consequences.
    

3. Can tenants defend possession claims?

   Yes. Tenants may challenge the validity of notices, dispute the level of arrears, raise disrepair allegations, or argue procedural defects. Possession proceedings can therefore become more complicated than landlords initially expect.

4. How long does it take to regain possession?

   Timescales vary significantly depending on the court involved, whether the tenant defends the claim, and whether enforcement action becomes necessary. Delays are increasingly common in contested possession proceedings, particularly where procedural issues or disrepair allegations are raised.

5. Can I recover rent arrears as part of the claim?

   Potentially, yes. In many cases, landlords may seek both possession of the property and a money judgment for unpaid rent within the same proceedings. Recovery will often depend on the tenant’s financial position and whether a guarantor is in place.

Guidance from our property litigation solicitors

Possession claims can quickly become stressful and time-consuming when tenants fail to leave, arrears continue to increase, or disputes become contested. Taking legal advice early can often help landlords avoid procedural mistakes and place them in a stronger position before proceedings begin.

Bhavini Kalaria, head of commercial litigation, says:

“Landlords are increasingly reliant on formal possession procedures following the removal of section 21 notices in England. Ensuring notices, evidence, and court documentation are properly prepared from the outset can make a significant difference to the progress and outcome of a claim.”

Our property litigation solicitors support landlords nationwide with possession proceedings, section 8 notices, rent arrears disputes, guarantor claims, and all types of landlord and tenant matters.

Get in touch to speak with our team.