Possession Actions for Residential Property

Background:

Most landlords letting residential property will be aware that tenants have important rights which prevent them being evicted or unlawfully harassed by a landlord. With the exception of certain specific categories of lettings, it is a legal requirement that a landlord obtains a court order before they can enforce any right to possession of or re-entry to the property. The two most common exceptions are properties let as a holiday letting and properties where the landlord is resident in the same property as the tenant and shares accommodation with the tenant. See section 3A Protection from Eviction Act 1977 (PEA 1977) for full details of all exceptions. A landlord who evicts a tenant who is protected under the PEA 1977 without first obtaining a court order, is committing a criminal offence and heavy penalties apply.

The purpose of this factsheet is to briefly explain the routes available to the landlord and the general procedure for starting possession proceedings. Whichever possession route is adopted, the landlord is normally required to serve a notice on their tenant of their intention to bring possession proceedings before court action can be started. The notice varies depending on the type of tenancy, e.g. section 8 notice for assured tenancies or a notice to quit for a common law tenancy.

The notice must be given in the prescribed form and served on all the tenants. It may be given to them personally or sent to them by post. If serving by post, it is recommended to serve the notice by recorded delivery so that service can be proven.

Assured Shorthold Tenancies:

Prior to the introduction of the Renters’ Rights Act 2025, landlords were able to issue a section 21 ‘no fault’ eviction notice to gain possession of an assured shorthold tenancy. Since 1^st May 2026, Assured Shorthold Tenancies and the section 21 process has been removed from the Housing Act 1988 but, there may be some landlords whose tenancies are subject to the section 21 possession process during transition periods, where the notice was served prior to 1^st May 2026. For more information on section 21 notices please see Letting Factsheet No.21.