Possession Proceedings: From Court Claim to Eviction

When notice alone is not enough

Serving a Section 21 or Section 8 notice does not end a tenancy by itself. If the tenant remains after the notice period, the only lawful way to recover the property is through possession proceedings in the County Court. Taking matters into your own hands by changing the locks or removing belongings is an unlawful eviction and a criminal offence under the Protection from Eviction Act 1977. We issue and manage proceedings so that possession is obtained properly.

Choosing the right procedure

There are two main routes. The accelerated possession procedure is available for Section 21 claims where you are not also claiming rent arrears. It relies on written evidence and is usually decided by a judge on the papers without a hearing, which can make it faster. The standard possession procedure is used for Section 8 claims, for any claim that also seeks a money judgment for arrears, and for defended cases. It normally involves a hearing. We confirm which route applies and prepare the claim accordingly.

Issuing the claim

We prepare the claim form, statement of truth and supporting documents, including the tenancy agreement, the notice and proof of its service, and evidence of deposit compliance where relevant. The claim is filed at the appropriate County Court hearing centre and served on the tenant. Accuracy at this stage is critical, because errors can lead to the claim being dismissed and the process having to start again.

The hearing

In a standard claim the court lists a hearing before a District Judge. We attend and present the evidence, respond to any defence raised by the tenant and make submissions on the appropriate order. Where a defence has substance, the court may give directions for the case to proceed to a fuller trial. Our role is to put your case clearly and to anticipate the points a tenant or their adviser may raise.

Possession orders

If the claim succeeds the court grants a possession order. An outright order commonly requires the tenant to leave within 14 days, which the court may extend up to 42 days where leaving sooner would cause exceptional hardship. For certain discretionary Section 8 grounds the court may make a suspended order, allowing the tenant to remain provided they meet conditions such as paying current rent plus a sum towards arrears.

Enforcement

A possession order is not self-enforcing. If the tenant stays beyond the date in the order, you must apply for a warrant of possession authorising County Court bailiffs to carry out the eviction. In appropriate cases the matter can be transferred to the High Court for enforcement by High Court enforcement officers, which can be quicker. We deal with enforcement from application through to the eviction itself. Contact us to progress your possession claim correctly.