Possession proceedings are legal proceedings through which a landlord or property owner asks the court to order a tenant or occupier to leave a property. The procedure and legal requirements depend on the type of tenancy and the circumstances of the case.

In circumstances where a court possession order is required, a landlord cannot simply remove the tenant or change the locks. For current assured private tenancies in England, where a tenant remains in occupation after the relevant notice period, the landlord will generally need to obtain a possession order through the court before enforcement can take place.

For current assured private tenancies in England, Section 21 “no-fault” possession notices are no longer available from 1 May 2026. Landlords generally need to rely on an applicable statutory ground for possession and follow the relevant notice and court procedure. There are transitional rules for certain possession cases involving notices served before 1 May 2026, so legal advice may be important where an older notice is involved.

The available grounds depend on the type of tenancy and the circumstances. They can include grounds relating to rent arrears, anti-social behaviour, serious breaches of tenancy obligations, the landlord or family requiring the property, sale of the property and other circumstances recognised by law. Some grounds are mandatory, while others are discretionary.

Where a mandatory ground is established and the legal requirements are satisfied, the court will generally be required to make a possession order. With a discretionary ground, the court has to consider whether it is reasonable to make a possession order, even if the ground itself is established. The distinction can be important when assessing the strength and likely outcome of a possession claim.

Do not ignore it. You should check the notice carefully and obtain legal advice as soon as possible. The validity of the notice, the ground relied upon, the notice period and the circumstances surrounding the tenancy may all need to be considered. If court proceedings have already started, there may also be important deadlines for responding.

Potentially. A tenant may be able to challenge a possession claim where, for example, the notice or procedure is defective, the relevant legal requirements have not been met, the alleged ground is disputed or there are other legal or factual issues affecting the claim. The appropriate defence will depend on the circumstances of the individual case.

The court will consider the landlord’s claim, the evidence and any response or defence raised by the tenant. Depending on the circumstances, the court may make a possession order, dismiss the claim, make a suspended possession order or make other appropriate directions or orders. The outcome depends on the facts and the legal issues involved.

Potentially. Where rent arrears are involved, a landlord may be able to seek both possession and a money judgment for unpaid rent, depending on the circumstances and the applicable procedure. We can advise landlords about the appropriate way to address rent arrears as part of or alongside possession proceedings.

If a tenant does not leave by the date required by the possession order, the landlord may need to take further enforcement steps. Depending on the circumstances, this can involve applying for a warrant or other appropriate enforcement procedure. A landlord should not attempt to carry out the eviction personally where the law requires enforcement through the proper process.

Potentially. Landlords and tenants may be able to resolve a dispute through negotiation, payment arrangements, an agreed move-out date or another appropriate settlement. Where an agreement is reached during proceedings, it is important to ensure that the legal position is properly documented.

Yes. MYM Solicitors can advise landlords and tenants on possession matters and provide appropriate legal support and representation. We can assist with matters including possession notices, rent arrears, statutory grounds, court applications, defences, hearings, possession orders and enforcement.