Understanding the possession action process: A guide for private landlords in England and Wales

08/10/2022 00:00

Updated 1 September 2021

This guide is for people who are letting a house, flat or any part thereof in England and Wales to tenants in the private rented sector while living in another property. This guide is focused on landlords letting to tenants on an Assured Shorthold Tenancy or an Assured Tenancy.

This guide will help you to understand what rights and responsibilities you have as a landlord when you need to use the courts to take possession of your property. This includes the new arrangements which will be introduced in association with the lifting of the suspension of possession cases in the county court on 21 September 2020.

This guide does not cover leasehold, holiday lets or ‘resident landlords’ who let to lodgers.

Separate guidance is available for social landlords who need to use the courts to take possession of their property.

The Financial Conduct Authority has issued separate guidance covering mortgage repossessions.

If you have made a claim for possession which is already in the court system, see Part 1.

Before taking steps to recover possession of your property, you should consider discussing any underlying problems with your tenant, either directly or through a mediation service, and try to resolve these without recourse to court action. This could save you time and money. See Part 2 for more information and advice on how to resolve problems with your tenant without needing to go to court.

Stage 1: Serve a notice of seeking or requiring possession

Give your tenant a Section 8 or Section 21 Housing Act 1988 notice, specifying the date by which you would like your tenant to leave your property.

Due to coronavirus (COVID-19):

In England

Notice periods given to tenants from 29 August 2020 until 31 May 2021 must be at least 6 months for most grounds (including Section 21 notices), with exemptions for certain serious cases.

From 1 June 2021:

Notice periods for cases where there are less than 4 months of unpaid rent, will reduce to 2 months’ notice from 1 August.

For more detailed information about notice periods changes which have been introduced in response to COVID-19 since March 2020, see Section 8 notices and Section 21 notices and Annex A for a full list of notice period requirements since March 2020.

In Wales

Notice periods given on or after 24 July 2020 to at least 30 September 2021 must be at least 6 months, other than for grounds relating to anti-social behaviour which remained at 3 months until 28 September 2020 but have subsequently returned to their pre-Coronavirus Act 2020 lengths of one month or less, depending on the type of tenancy and ground used.

Stage 2: Make a possession claim

If your tenant does not leave by the date specified in the notice, you can apply to the court for a possession order. You must attach evidence explaining how the coronavirus pandemic has affected you and/or your tenant.

The tenant can submit a defence to the court. In the defence, the tenant may put forward legal reasons why a possession order should not be made, the tenant may put forward a counterclaim, or the tenant may ask for extra time to vacate due to extreme hardship. If a defence is received, the court will send you a copy.

If your claim is based on a section 21 notice and you have used the court’s ‘accelerated procedure’, the judge can consider the claim documents, and any defence received, and make a possession order without a hearing taking place.

Stage 3: Be available on the Review date

You will be sent a date when the judge will review the court file, and a date for the substantive hearing. At least 14 days before the Review, you will need to confirm to the court that you will be contactable on that date, send the court an electronic copy of all of the case documents and confirm that you have also provided these to your tenant.

On the date of the Review there will be duty scheme advice arrangements in place to assist the tenant and promote settlement. You should ensure that you will be available to discuss the case with your tenant and where possible reach a settlement with them without the case progressing to a substantive hearing. At Review, if both parties agree, the case will also be referred for mediation. The government is funding the Rental Mediation Service (RMS) which is free to use for landlords and tenants. Where you and your tenant reach an agreement, the case will not proceed to a substantive hearing.

See more information on the mediation service and how you can use it.

Stage 4: Attend the possession hearing

If no agreement is reached at the Review date there will be a possession hearing 28 days after the review date, at which a judge will decide whether to make a possession order or give other case management directions.

Stage 5: Apply for a Warrant of Possession

If a possession order was granted and your tenant does not leave by the date specified in the order, you can apply to the court for a warrant of possession. The tenant can apply to suspend the Warrant. A county court bailiff will enforce the warrant and carry out the eviction.

Important: In England and Wales, legislation which restricted bailiff enforcement of evictions, has now been lifted. This was?in place in England from?17?November 2020?until?31 May 2021 and in Wales from 11 December 2020 until 30 June 2021. Therefore, all orders can now be enforced where?the landlord has a valid warrant of possession.

However, bailiffs must provide 14 days’ notice of an eviction and have been asked not to carry out an eviction if they are made aware that anyone living in the property has COVID-19 symptoms or is self-isolating.

For more information see below sections, ‘If you have an outstanding warrant of possession’ and ‘If you have an outstanding Order of Possession and the date on which the tenant was due to give up possession has passed, but you have not yet applied for a warrant of possession’.

In England and in Wales, legislation which restricted bailiff enforcement of evictions, has now been lifted. This was?in place in England from 17 November 2020 until 31 May 2021 and in Wales from 11 December 2020 until 30 June 2021. Therefore, all orders can now be enforced where?the landlord has a valid warrant of possession.

However, bailiffs must provide 14 days’ notice of an eviction and have been asked not to carry out an eviction if they are made aware that anyone living in the property has COVID-19 symptoms or is self-isolating. Where practicable, bailiffs are working through outstanding warrants in date order of when the warrant of possession was issued, to ensure older warrants are actioned first. The only exception to this will be cases issued under anti-social behaviour grounds or for cases involving squatting, or where there are operational reasons to action a newer warrant first.

Warrants of possession are valid for 12 months from date of issue. If you have been unable to proceed to enforcement due to restrictions introduced as a result of the coronavirus pandemic and your warrant has subsequently expired or is due to expire and you wish to apply to extend the life of the warrant, then you must complete a N244 (general application form) and send it to the court.

The N244 must ask the court to ‘extend the life of the warrant for a further 12 months as it expired due to COVID-19 / or give your reasons as to why you require the life of the warrant to be extended.’ The application must include any change of circumstances of yourself (the landlord) and details of any communication with or change in circumstances for the tenant. The application will then be considered by a District Judge. You may be required to attend a hearing if the Judge deems it appropriate. Any application to extend the life of a warrant will incur a general application fee of £100 (without notice to the defendant) or £255 (with notice to the defendant). This is applicable in England and Wales. Alternatively, if the warrant has expired, you can apply to issue a new warrant of possession (form N325). A fee of £121 is chargeable.

Bailiffs have re-commenced enforcement of valid possession warrants. Where practicable, bailiffs will work in date order of when the warrant of possession was issued to ensure older warrants are actioned first. The only exception to this will be cases issued under anti-social behaviour grounds or for cases involving squatting, or where there are operational reasons to action a newer warrant first. In the majority of cases, the bailiff will serve a 14-day notice period on the defendant ahead of any eviction.

If you have a warrant of possession but no longer require an eviction to be carried out – for example, because your tenant has left the property and has cleared their possessions and returned their keys – you should let the court know as soon as possible that you do not want the eviction to go ahead.

The notice of bailiff’s appointment that you received from the court will provide you with contact details, the claim number and the warrant number. You must contact the court, quoting the relevant details, to let the bailiff know that attendance at the property is no longer required.

Where an eviction is able to be enforced, a notice of the eviction appointment will be sent to both landlord and tenant. Appointments will be scheduled with a minimum of 14 days’ notice and the tenant may be able to apply to suspend the eviction. However, bailiffs will not carry out an eviction if they are made aware that the tenant or anyone they live with has coronavirus symptoms, has tested positive for COVID-19 or are waiting for a test result or has been instructed by the NHS to self-isolate (including if they are self-isolating after returning from an amber list country). The tenant can inform the court if this applies to them, explaining when the symptoms started and/or how long they have been in self-isolation for. The appointment will be rescheduled for a later date with a minimum of 14 days’ notice.

In the light of the coronavirus pandemic and the effect that this may have had on your tenants, you should carefully consider whether you wish to proceed with the eviction. You are still able to apply for a warrant of possession.

However, you do not need to take any steps if you decide not to seek an eviction at once and you will still be able to rely on the possession order if you decide to take your property back at a later date. You can apply for a warrant of Possession at any time during the period of 6 years after the date a possession order is made.

In England and in Wales, legislation which restricted bailiff enforcement of evictions, has now been lifted. This was?in place?in England from?17?November 2020?until?31 May 2021 and in Wales from 11 December 2020 until 30 June 2021. Therefore, orders can now be enforced where?the landlord has a valid warrant of possession.

However, bailiffs must provide 14 days’ notice of an eviction and have been asked not to carry out an eviction if they are made aware that anyone living in the property has COVID-19 symptoms or is self-isolating.

If you brought your claim before 3 August 2020, did not file a Reactivation Notice before 4pm on 30 April 2021 but you now want to progress your claim, you must complete an N244 application and submit it to the court where your possession claim was filed accompanied by the relevant fee.

You should first check the Court and tribunal website to see if the court to which you sent your claim is open and will be processing cases.

You should consider whether making a possession claim is appropriate before confirming that you wish to proceed. For example, if you are making a claim on rent arrears grounds you may wish to negotiate a rent repayment plan with your tenant rather than proceed with the possession claim.

You or your tenant can ask the judge to consider whether the hearing can take place remotely, by putting a request in writing and sending it to the court. Both parties will need to agree that the hearing can take place remotely, however it will be the judge who makes the final decision as to how the hearing proceeds.

If you made a claim for possession on or after 3 August 2020, it will be processed in due course. You must provide information about the impact of the coronavirus pandemic on your tenant to the court (see COVID-19 Case Marking). If you have not yet done so, you must provide this information to the court as soon as possible.

You or your tenant can ask the judge to consider whether the hearing takes place remotely, by putting a request in writing and sending it to the court. Both parties will need to agree that the hearing can take place remotely, however it will be the judge who makes the final decision as to how the hearing proceeds.

Due to the COVID-19 pandemic many cases will have built up which the courts need to process, and the courts will not be operating at their full capacity. Therefore, it is very likely to take longer than the usual 8 weeks for your claim to be heard by a judge. You will receive a minimum of 21 days’ notice of the date on which the review will take place and the substantive hearing (if needed) will be a minimum of 28 days after this. We ask for your patience during this time. We would encourage you to continue to engage with the tenant to explore what can be achieved in terms of assisting the tenant to access benefits, or a discretionary housing payment, or agreeing a repayment plan, as appropriate.

The government is also funding a mediation pilot, which will contact parties who agree to engage with the service in between the Review and substantive hearing. If you choose to make use of this service, this will not make the possession process any longer but will help to resolve issues and to sustain the tenancy where this is appropriate. Where mediation is unsuccessful, the substantive hearing will go ahead on the original date.

Find more information about the mediation pilot.

You can find more information about what mediation is and how it works at the Civil Mediation Council’s website.

Judges are responsible for listing cases for a hearing in court. As a guide, the following types of case will be listed with priority.

(a) cases with allegations of anti-social behaviour, including Ground 7A of Schedule 2 to the Housing Act 1988 and Section 84A of the Housing Act 1985;

(b) cases with extreme alleged rent arrears accrued, that is, arrears equal to at least (i) 12 months’ rent or (ii) 9 months’ rent where that amounts to more than 25% of a private landlord’s total annual income from any source;

(c) cases involving alleged squatters, illegal occupiers or persons unknown;

(d) cases involving an allegation of domestic violence where the claimant is a Social Landlord and possession of the property is alleged to be important for particular reasons which are set out in the claim form (and with domestic violence agencies alerted);

(e) cases with allegations of fraud or deception;

(f) cases with allegations of unlawful subletting; and

(g) cases with allegations of abandonment of the property, non-occupation or death of defendant;

(h) cases concerning what was allocated by an authority as ‘temporary accommodation’ and is specifically needed by the authority for reallocation as ‘temporary accommodation’.

Subject to the above, priority will be given to claims issued before the stay commenced.

The majority of tenants abide by the terms of their tenancy agreement and pay their rent on time. Most tenancies end with the agreement of the landlord and tenant without the need to go to court. If you want your tenant to leave your property because your circumstances have changed or they have broken the terms of the tenancy agreement, you must follow strict procedures. If you do not, you may be guilty of illegally evicting or harassing your tenant.

Seeking possession through the courts should only be used if and when you have tried all other means of resolving your situation. Claiming possession through the court will cost between £400 and £500, not including legal fees, and will take time to resolve.

Wherever possible, you should ensure that you pursue other options to resolve your situation first. This will most likely be quicker and cheaper. You should communicate with your tenant directly to discuss problems such as rent arrears or anti-social behaviour as openly and frankly as possible, and to try to find a solution which works for you both. For more information, see the sections in this guidance on ‘What to do if your tenant is in rent arrears’ and ‘What to do if your tenant is committing anti-social behaviour’. We have also worked with the National Residential Landlords Association to produce a guide for landlords on how to manage arrears and avoid possession claims in the context of the coronavirus pandemic.

Where possible and appropriate, we would encourage landlords to consider alternative dispute resolution such as mediation to reach a mutually acceptable agreement to resolve disputes, without the matter needing to go to court.?

There are several services available in the market which specialise in resolving disputes in the private rented sector which you may wish to consider.

You can also access the Housing Ombudsman Service for training on dispute resolution if you are a member.

It is important that you engage with your tenant and try to find out more about their personal circumstances. If you make a claim for possession, the court will ask you for information to determine whether your tenant is vulnerable; for example whether they have been affected by the coronavirus pandemic (including if they were clinically extremely vulnerable and/or were shielding) or if they are in receipt of welfare benefits. The court may not be able to progress your case until you provide this information. If your tenant is struggling as a direct result of the COVID-19 pandemic, you should consider if you could delay seeking repossession of your property and find a way to support your tenant until such a time as they might be better able to move to another property.

We recognise that in some cases, making a claim for possession will be unavoidable, for instance if your tenant is building up rent arrears and refusing to communicate with you, or if you wish to move into the property and are unable to reach a voluntary agreement with the tenant to end the tenancy. However, it is important that court time is put to the best possible use. Where possible, you should use the court process only as a last resort.

If you do need to apply to the Court to claim possession of your property we would strongly advise you to seek legal advice before proceeding.

If your tenant has built up rent arrears, you should communicate with them in the first instance to gather more information about their personal circumstances and how they may be able to pay off their arrears.

An early conversation between you and your tenant can help to agree a plan if your tenant is struggling to pay their rent. This can include reaching a temporary agreement not to seek possession action for a period of time and instead accept a lower level of rent or agree a plan to pay off arrears at a later date. It is likely to be cheaper to accept a slightly lower rate of rent, rather than arranging for a new tenant to move in.

You are also encouraged to consider mediation. Mediation allows an independent third-party to assist those involved to reach a mutually acceptable agreement to resolve their dispute, without the matter needing to progress through court. This includes agreeing to a rent repayment plan. Mediation can be quicker and cheaper than court action.

There are several services, as well as individual mediators, available in the market who specialise in resolving disputes in the private rented sector. There is no single list of suitable mediators in your area, but you may wish to check:

You should attempt to resolve any issues with rent arrears with your tenant before issuing a notice or claim for possession. You may find it helpful to consult the guide we have produced with the National Residential Landlords Association on how to manage arrears and avoid possession claims in the context of the coronavirus pandemic.

In some circumstances, you may need to act because your tenants are committing anti-social behaviour. This could be more minor disruptive behaviour (for example against housemates or neighbours in a House of Multiple Occupation), or it could be serious and/or criminal. Whilst possession action is one method of resolving such issues, there are alternative courses of action which you may wish to consider prior to, or instead of, serving a notice requiring or seeking possession.

You should always act carefully when negotiating with tenants who are accused of anti-social or disruptive behaviour. Take care not to jeopardise your own or others’ safety and take advice from the appropriate source (for example, a solicitor, your local authority or the police), if you are unsure how to proceed.

Some disruptive behaviours could be resolved through a frank and full discussion by the parties involved. You should talk to or write to your tenant in the first instance, informing them of the complaints which have been made against them and making clear that their behaviour is unacceptable. You should keep a record of the conversation. If this does not work, you must give the tenant a final warning and make a record of this.

Sometimes, a tenant is not the right fit for the property, particularly in a House of Multiple Occupation, for example if they do not get on with their housemates. You may wish to discuss ending the tenancy by mutual consent. However, you must not harass or force the tenant to leave without following the formal possession process.

When responding to severe instances of anti-social behaviour, it may be worth bearing in mind that the police, local authorities and other local agencies have a range of flexible tools and powers that they can use to respond quickly and effectively to anti-social behaviour, as provided by the Anti-Social Behaviour, Crime and Policing Act 2014. These include:

You may wish to read the statutory guidance for frontline practitioners on the use of powers to address anti-social behaviour.

You should consider contacting your local authority or the police in the first instance. If a criminal offence, such as criminal damage or assault, has taken place you should contact the police straight away.

If, having tried alternative means of resolving anti-social behaviour being perpetrated by a tenant, you feel that you have no option but to seek possession, there are grounds for you to do so under Section 8 of the Housing Act 1988.

Ground 7A, for serious anti-social behaviour, has a minimum notice period of 4 weeks (for periodic tenancies) or 1 month (for a fixed term tenancy).

Ground 14 is for nuisance or annoyance, or the illegal or immoral use of the property and proceedings can be commenced immediately after the service of the notice.

However, these Grounds will need to be proved in court to facilitate the granting of a possession order. Ground 7A is a mandatory ground, which means that the judge must grant possession if you can prove that the ground has been met. Ground 14 is a discretionary ground, which means that the judge can decide whether to award possession, if the ground has been met. For more information about the notice periods which need to be provided for anti-social behaviour under Section 8 of the Housing Act 1988 from 29 August 2020 please see Annex A (England) or Annex B (Wales)

You can give your tenants a section 8 notice if you have a reason which corresponds with a specific ground; for instance, they have broken the terms of the tenancy. You can also give your tenants a Section 21 notice if you want the property back after a fixed term ends or during a periodic assured shorthold tenancy. It is also possible to serve both a section 8 and section 21 notice to your tenant. You can get legal advice about which of these options would be best to take given your circumstances.

You should bear in mind that, in an Assured Shorthold Tenancy, a tenant has a minimum of 6 months’ security. This means that the court will not make a possession order which takes effect before the tenancy has been in place for 6 months.

Section 8 notices In England

Under the provisions of the Coronavirus Act 2020, a notice seeking possession which was given to a tenant from 26 March to 28 August 2020 must have provided them with a notice period of at least 3 months.

These provisions were extended on 29 August 2020, meaning that a notice seeking possession given to a tenant between 29 August 2020 and 31 May 2021 had to provide a notice period of at least 6 months in most circumstances. However, there were exceptions to this in some instances:

From 1 June 2021, landlords must serve at least 4 months’ notice in all but the most serious cases, and there will be some other changes appropriate to the easing of national restrictions, so that:

If a landlord wishes to serve a new notice in order to take advantage of the new shorter notice periods required for certain serious cases, they must, where they are issuing a new notice of the same type, withdraw the first notice before they serve a new notice.

Landlords may find it helpful to seek independent legal advice regarding these matters.

For more information on the minimum notice periods for each ground, please see Annex A.

Section 8 notices in Wales

Notice periods given on or after 24 July 2020 until at least 30 September 2021 must have been at least 6 months in length, other than for grounds relating to anti-social behaviour which remained at 3 months until 28 September but subsequently returned to their pre-Coronavirus Act 2020 lengths of one month or less, depending on the type of tenancy and ground used.

To give your tenants a Section 8 notice, you must fill in Form 3.

If you are serving a section 8 notice in England, you can find the prescribed form 3 at: ‘Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy’.^{[footnote 1]}

Important – you must complete the form correctly. Use the guidance notes on the form to help you.

You can get legal advice on how to fill in Form 3 and how to give it to your tenants. The possession process in Court may be delayed if you do not fill out the form correctly.

You may also choose to seek the advice of a professional association.

You need to specify on the notice the specific grounds you are using to seek possession of your property.

You can use mandatory grounds. These are grounds where the judge must order the tenants to leave your property if you can prove the ground. Examples include the grounds for 8 weeks’ rent arrears and convictions for anti-social behaviour.

You can also use discretionary grounds. These are grounds where the judge can only order the tenants to leave your property if you can prove a discretionary ground and the judge considers it reasonable to make an order. Examples include grounds for other breaches of the tenancy agreement.

In light of the many difficulties caused by the COVID-19 pandemic, we urge everyone to show compassion and exercise flexibility as far as possible. We therefore encourage you to only seek possession where you have grounds to do so, having tried to resolve any issues with your tenant first. We strongly recommend that you only seek possession through a section 21 notice (without grounds) if there are no other alternatives to doing so.

Due to coronavirus (COVID-19), from 26 March 2020 to 28 August 2020 the minimum Section 21 notice period that you could give to your assured shorthold tenants was 3 months.

From 29 August 2020 until 31 May 2021 the minimum notice period was 6 months in most circumstances.

From 1 June until at least 30 September 2021, the minimum notice period is 4 months in most cases. This means that there must be at least 4 months between the date your tenant received the notice, and the date after which you specified they must leave the property. You can make a claim for possession in the county court if the tenant has not left by the date specified in the notice. However, if you have agreed with a tenant that a longer notice period will be given, for example if there is a written tenancy agreement that provides for a longer period of notice, that longer period will apply.

From the 26 March to 23 July 2020 the minimum section 21 notice period that you could give to your assured shorthold tenants was 3 months. Notice periods given on or after 24 July 2020 until at least 30 September 2021 must be for at least 6 months.

You can only use a section 21 notice if your tenants have an assured shorthold tenancy. You cannot use it if your tenants have an assured tenancy.

You can only use a section 21 notice to ask your assured shorthold tenants to leave your property:

In England, you should use Form 6A to give notice if the tenancy was started or renewed after 30 September 2015. In Wales, you must explain in writing that you are serving an eviction notice under Section 21 of the Housing Act 1988.

Important – you must complete the form correctly. Use the guidance notes on the form to help you. You can get legal advice on how to fill in Form 6A and how to give it to your tenants. The possession process in Court may be delayed if you do not fill out the form correctly.

In England, your section 21 notice will only be valid if you have:

In Wales, your Section 21 notice will only be valid if you have:

If you served your notice before 26 March 2020, you must have provided your tenant with a minimum of 2 months’ notice.

In a fixed term tenancy, you can serve a section 21 notice at any time, but it cannot end until the end of the fixed term. In a periodic tenancy notice can be given at any time, but the appropriate notice period must be given and the date specified in the notice as the date after which the tenant must leave the property, must be the last day of a period of the tenancy.

You will need to be able to be able to show the court that you have served notice correctly and given the right amount of notice. This will assist the judge when making a decision on whether to grant a possession order. You should always check the tenancy agreement to see what methods of service it allows you to use – the methods mentioned below are the most common.

You will need to provide a copy of the notice to the court as part of your application for possession. It is essential you retain a copy of the document for yourself. Take the copy once you have completed, signed and dated the notice.

If you are serving the notice on the tenants personally for example handing it to them, then the best way to prove the tenants have been served with the notice is to have the tenants sign and date all copies of the notice (including your own). Alternatively, if they refuse to sign the notice but do accept the document, then you can fill out a certificate of service (N215) form and include that in any paperwork you send to the court.

You can usually serve the notice by first class post or by another next day delivery service. Consider taking dated and timed photographs as evidence of posting. If you decide to use a tracked service, one that does not require a signature is best and you should retain the receipt. You can fill out a certificate of service (N215) form and include that in any paperwork you send to the court.

It is always best to see whether the tenant is at home before putting the notice through the letterbox. If the tenant is present, you can serve the notice personally. If you are serving by posting through the letterbox, consider taking photographs or taking a witness with you. You can fill out a certificate of service (N215) form and include that in any paperwork you send to the court.

If you deliver the notice by hand, consider attaching a handwritten note or writing on the envelope, explaining, for example, what the notice means, why you have served it and, where appropriate, whether you are willing to come to an agreement with your tenant in preference to commencing court proceedings. This may encourage the tenant to answer and respond.

You may also wish to consider informing your tenants about our companion guide, Understanding the possession action process: A guide for private residential tenants in England and Wales, which contains more information about the steps which a tenant should take when served with a notice seeking or requiring possession.

If your tenant does not leave by the date specified in the notice, you can apply to the court for a possession order. For all claims, you must also provide a statement setting out what knowledge you have about the effect of the coronavirus pandemic on the tenant and their dependants. This includes accelerated possession claims.

You can use the possession claim online service if you are claiming possession on the grounds of rent arrears for example where you have used a section 8 notice and have specified one or more of the rent arrears grounds.

The service lets you fill in court forms online and see how the claim is progressing. You will need to provide a rent statement covering the preceding 2 years, showing what payments were due and received to demonstrate how the arrears claimed have accrued. You will also need to provide a notice setting out what you know of how your tenant has been affected by the coronavirus pandemic.

It costs £355 to issue the claim.

Contact the Possession Claim Online help desk if you need help or advice.

Telephone: 0300 123 1057 Monday to Friday, 8:30am to 5pm ccbc@justice.gov.uk

Fill in the paper standard possession claim form (N5) and the Particulars of Claim (Form N119) and post or deliver it to the county court that deals with housing cases for the area in which your tenant’s property is located. You can find the details online on the Courts and tribunal website.

You can use this method if:

You must also attach a notice to the claim setting out what you know of how your tenant has been affected by the coronavirus pandemic. The court may not be able to progress your case until you provide this information. See below, COVID-19 case marking.

It costs £355 to apply. Send a cheque made payable to ‘HM Courts and Tribunals Service’ to the court with your completed paperwork. You must provide the court with an additional copy of each of the documents you are submitting, for the court to serve upon your tenant, and you should keep a copy for yourself. If the tenancy is in joint names, you will need to send an additional copy for each person.

Important – you must complete the forms accurately and include the correct evidence to support your claim. If you do not, you may have to start the process again.

The court will send you notice that the claim has been issued, and it will serve the claim upon your tenant, giving your tenant an opportunity to respond to the claim by submitting a ‘defence’. You should keep the notice of issue safe as it shows the claim number which the court has assigned to your case (which you will need to quote in all future communications/documents) and gives you information about the next steps.

If your tenant submits a defence to the court, the court will serve you with a copy. The court will inform you of the review appointment date, and also the date and time of the substantive hearing.

You can apply for an accelerated possession order if your tenants have not left by the date specified in your Section 21 notice and you’re not claiming rent arrears. It costs £355. If you want to claim rent arrears you can use either the:

Download and fill in the form for properties in England or the form for properties in Wales (N5B) and send the completed form to the county court that deals with housing cases for the area in which your tenant’s property is located.

You must also attach a notice to the claim setting out what you know of how your tenant has been affected by the coronavirus pandemic. The court may not be able to progress your case until you provide this information. See below sections, COVID-19 case marking.

Include a copy of the completed form and of any documents you have attached to it, for the court to serve upon your tenant (if it is a joint tenancy, send a copy for each person). Keep a copy of everything for yourself. Important – you must complete the form and notice accurately and include the correct evidence to support your claim. If you do not, you may have to start the process again.

The court will send your tenant a copy of your application and will give your tenant an opportunity to respond to the claim within a stated time (14 days). At the same time, the court will send you notice of issue of the claim. The notice of issue will give you the claim number which has been assigned to your case (which you will need to quote in future correspondence and documents) and it will inform you of the deadline given to your tenant for responding to the claim. At the bottom of the notice of issue is a ‘written request for a possession order’ form which you will need to complete and return to the court at a later date.

Your tenant may submit a defence to the court putting forward reasons why, in the tenant’s view, you may not be entitled to possession. In that case:

Your tenant may also submit a response to the court accepting that you are entitled to possession but asking for more time due to extreme hardship. In that case:

If your tenant does not respond to the court within the time allowed: * you should complete the ‘written request for a possession order’ form (the bottom half of the notice of issue) and submit it to the court; after that * a judge will consider your claim and, if satisfied, will make an order for possession

When making a claim for possession, you must provide a notice setting out how, to your knowledge, the defendant (your tenant) and any dependants, such as children, that form part of the tenant’s household, have been affected by the coronavirus pandemic.

If you have no knowledge of your tenants’ circumstances you should make this clear, including information about any attempts made to discuss matters with them.

You should send the notice giving this information to the court with your claim for possession. This applies to both standard and accelerated possession claims. The court may not progress your case until you provide the required notice.

The government recognises that you may need to seek repossession of your property as a direct result of financial difficulty suffered in the COVID-19 pandemic. Where this is the case, you should mark your application as a ‘COVID-19’ case. To do so, you should give brief details of particular hardship you have faced as a result of COVID-19, and whether you have received assistance under a COVID-19 scheme, for example if you received a mortgage holiday on your buy-to-let mortgage. This should also be sent in alongside the claim form.

Marking your case as COVID-19 related will assist the court in processing your claim, for example in deciding the order in which cases will be listed for a hearing. The judge may also use the case marking to assist in decision making, in cases where they are able to exercise discretion

Your tenant can also choose to mark the claim as a COVID-19 case when completing their defence form. To do so, they would need to provide brief details of any hardship they have faced, and indicate:

You will be able to see whether the tenant has marked your possession claim as a COVID-19 case when you are provided with a copy of the defence form. If the tenant marks the case as a COVID-19 case, this could also affect the order in which it is listed for a hearing. It may also affect the judge’s decision at a Possession Hearing, in those cases where they have discretion.

If a tenant has marked your possession claim as a COVID-19 case, you should give careful consideration about how you want to proceed.

Given the information they have provided, you may wish to reach an agreement with your tenant not to seek possession and instead find an alternative means of resolving the situation, for example agreeing a repayment plan for any rent arrears.

For Section 8 cases and Section 21 cases where the landlord has used the standard possession procedure, you will receive a communication providing the date of the Review and the date of the substantive possession hearing. You will be allocated a Review date at least 28 days before the possession hearing.

At least 14 days prior to the review, you will be required to email the court at the address provided. The email must include the following:

If you provide this information, and the tenant also confirms that they can attend, a meeting will be arranged on the date of the review between your tenant and their duty solicitor or adviser. You and your legal representative if you have one should be available (on the telephone if necessary) so that your tenant and their adviser can contact you to discuss the case. Where possible, you should seek to agree a settlement without the case progressing to a full possession hearing. You may also be asked if you would like to make use of the new mediation service which is being funded by the government.

On the day of the Review, the case will be considered by a judge without either you or your tenant present. The judge will take a view on your case based on the paperwork submitted and also on what has been discussed and agreed upon by you and your tenant earlier in the day. The judge may stay or adjourn the case if an agreement has been reached between you and your tenant. If an agreement has not been reached and your paperwork is in order, the judge is likely to make an order setting out the steps to be taken by you and by your tenant, to provide the court and each other with the evidence and information necessary to allow the substantive hearing to take place. If your documents are not in order the judge may dismiss the claim (with liberty to apply for reconsideration at an oral hearing) or may give directions.

If your case has been referred to the independent mediation service, a substantive possession hearing will be listed but the mediator will be able to inform the court if an agreement has been reached and this is no longer required.

Court hearings for possessions are usually held in the county court that covers the area where the property is located. You should let the court know as soon as possible if you have any special requirements, for example if you need extra assistance to access the building.

Before attending court, it is important that you check the website on what to expect when coming to a court or tribunal. This contains information about the additional measures which are in place during the coronavirus pandemic, including details about when you should avoid attending court in order to prevent the spread of the virus

You should bring copies of all the paperwork relevant to your claim to the possession hearing. This includes 2 copies of the notice which you provided with your claim setting out the impact of the coronavirus pandemic on your defendant.

At the court hearing the judge might:

The judge may adjourn the case if:

The judge may dismiss the case if:

If the judge dismisses the case, you will not be able to apply for enforcement.If the tenant has incurred legal costs in defending the claim, the judge may order you to pay those costs. Depending on the reason for dismissal, you may be able to continue to seek possession, but you would have to start the court process again, and you may need to serve a new notice before doing so. It may be in your interests to seek legal advice before taking any further steps.

The judge can make different kinds of possession order.

Note: In England and in Wales, legislation which restricted bailiff enforcement of evictions, has now been lifted. This was?in place in England?from?17?November 2020?until?31 May 2021 and in Wales from 11 December 2020 until 30 June 2021. Therefore, orders can now be enforced where?the landlord has a valid warrant of possession.

However, bailiffs must provide 14 days’ notice of an eviction and have been asked not to carry out an eviction if they are made aware that anyone living in the property has COVID-19 symptoms or is self-isolating.

This form of order requires your tenant to leave your property by a date specified in the order – the deadline for leaving is midnight on the specified date.

The date will usually be 14 to 28 days after the court hearing, although it could be shorter or longer. Where the order is made on a mandatory ground or under section 21, and if it is a case where the tenant would suffer extreme hardship, the judge can allow the tenant up to a maximum of 6 weeks.

A suspended order specifies a date for possession, but it also sets out conditions which your tenant is required to abide by. For example, a condition might be that your tenant pay the rent plus a stated amount towards the arrears each month. So long as your tenant keeps to the conditions, you will not be able to enforce the possession order. If your tenant breaches the conditions, you can request the court to issue a ‘warrant for possession’ and the court bailiff will then arrange to carry out an eviction.

Postponed possession orders also permit a tenant to stay in the property so long as they abide by certain conditions; however, they do not include a specific date for when the tenant must leave the property. However, if your tenant breaches the terms of a postponed possession order, you can make an application to the court to get a fixed eviction date. The court decides whether there will be another hearing.

A judge can add a money judgment to any of the possession orders. This means your tenant owes a specific amount of money, usually made up of:

You may be able to appeal to a higher court if you have proper legal grounds – for example, if you can show that the decision was wrong because of a serious mistake or because the procedure was not followed properly. If you think this is the case at the end of the hearing, you should ask the judge for the reasons for the decision made and for permission to appeal. If the judge gives you permission, or if you continue to be concerned, you should seek legal advice urgently, as there is generally only a 21 day window for bringing an appeal. A solicitor who specialises in housing should be able to advise you whether you have grounds for an appeal and whether it is worth pursuing.

You can ask the court for a ‘warrant for possession’ if your tenants do not leave your property by the date given in an order for possession, or do not abide by the conditions set out in a suspended order of possession. It costs £121.

If you originally issued your possession claim using the possession claim online service you can request the warrant directly through that service. Otherwise you must send the request and the fee to the court where the hearing was held.

In England and in Wales, legislation which restricted Warrants or Writs of Possession from being enforced, has now been lifted. This was in place In England from 17 November 2020 until 31 May 2021 and in Wales from 11 December 2020 until 30 June 2021. Therefore, orders can now be enforced where the landlord has a valid warrant of possession.

However, bailiffs must provide 14 days’ notice of an eviction and have been asked not to carry out an eviction if they are made aware that anyone living in the property has COVID-19 symptoms or is self-isolating.

A notice of the eviction appointment will be sent to both the landlord and tenant. Appointments will be scheduled with a minimum of 14 days’ notice and the tenant may be able to apply to suspend the eviction. However, bailiffs will not carry out an eviction if they are made aware that the tenant or anyone they live with has coronavirus symptoms, has tested positive for COVID-19 or are waiting for a test result or has been instructed by the NHS to self-isolate (including if you are self isolating after returning from an amber list country)The tenant can inform the court if this applies to them, explaining when the symptoms started and/or how long the period of self isolation will last. The appointment will be rescheduled for a later date with a minimum of 14 days’ notice.

The bailiff will follow the latest government guidance. They will conduct the eviction wearing Personal Protective Equipment (PPE) and maintain social distancing. They must ask if anybody in the household has symptoms or is self-isolating (including if they are in self-isolation after returning from an amber list country). If that is the case, or if the enforcement agent observes any visible symptoms of COVID-19, then they must withdraw from the property at their own discretion. The eviction will be rescheduled with a minimum of 14 days notice.

After?the court issues a warrant for possession your tenant will be sent an eviction notice?stating a date and time at which the county court bailiff will attend to repossess the property.??If the?tenant does?not leave?before the appointment, the?bailiff will carry out an eviction.??

The?court will?send you?confirmation that a warrant has been issued and, once these have been allocated, it will send you notice of?the date and time of the?bailiff’s?appointment to repossess the property on?Form?EX96.???

You need to let the bailiff know about any risks they may encounter when carrying out the eviction. The eviction will be delayed if you do not complete a risk assessment accurately and return it to the court before the bailiff appointment date.?

You should confirm the appointment and provide a risk assessment by completing and returning the tear off slip on the EX96 form, to arrive at the court at least 3 working days before the appointment date, otherwise the appointment may be cancelled.? ? You should attend the bailiff’s appointment, particularly as the bailiff may need instructions from you if the tenant does not cooperate.? Wait for the bailiff outside the property and take a spare set of keys with you, if you have them.? You should not enter the property until the bailiff has indicated you may do so. You may want to arrange for a locksmith to attend as well – to help the bailiff gain entry, if necessary, and to change the locks after the eviction.?

You may wish to consider applying?for?a High Court enforcement officer?to?evict your tenant. This will cost more, but you may get an eviction date sooner.?

You can get a ‘writ of possession’ if you?transfer the warrant from the county court to the High Court.??

Before you transfer, you’ll need to?apply for permission from the county court?if you do not already have it. It costs £66 plus a further £66 to seal a writ of possession as well as High Court enforcement officer’s fees.??

Legislation which restricted bailiff and High Court Enforcement Officers enforcement of evictions has now been lifted in England and Wales. From 1 June in England and 1 July in Wales, High Court Enforcement Officers are able to send out notices of evictions and enforce evictions.

In both the county court and the High Court, a notice of eviction will be sent to your tenant at least 14 days before the eviction is due to take place.?

Your tenant may be able to apply to the court for a ‘suspension’ of the warrant.? The application will be listed for a hearing where a judge will decide whether it is lawful and reasonable to grant a suspension.? The court will give you notice of this hearing and you should attend to protect your interests.??

Legislation: Section 8, Housing Act 1988 / For grounds see Schedule 2 to the Act / Applicable to assured and assured shorthold tenancies

Users: Private sector and private registered providers of social housing

Legislation: Section 8, Housing Act 1988 / For grounds see Schedule 2 to the Act / Applicable to assured and assured shorthold tenancies

Users: Private sector and private registered providers of social housing