Service overview heading
We help landlords understand and manage the legal steps necessary to serve notices, apply for possession, and enforce possession orders.
The decision to recover possession of your property is never taken lightly. With evolving regulations and tenants increasingly advised not to leave voluntarily, it’s essential to follow the correct legal processes to safeguard your rights and avoid costly delays.
From 1 May 2026, most residential tenancies are Assured Periodic Tenancies (APTs). To end an APT, you must serve a Section 8 Notice and comply all relevant tenancy rules.
A Section 8 notice applies when specific grounds are met, most commonly these are either: rent arrears of three full months, or if the property is being sold. Courts must grant an order for possession if these criteria exist both at the date the notice is served and at the date of the hearing.
A Section 8 Notice must give tenants a minimum amount of notice, for rent arrears this is 4 weeks, for the property being sold it is 4 months.
If tenants refuse to leave despite a valid Section 8 notice, we assist by applying to Court for a possession order. A Court will usually list a hearing 2 – 3 months from the date of the application. Tenants must vacate the property within 14 days after the order for possession, extendable to 42 days in cases of exceptional hardship. Should tenants ignore an order for possession, a bailiff application will be necessary. County Court Bailiffs typically arrange an eviction date 2 – 3 months from the date of application.
Costs include Court fees (£404 for filing possession claims) and County Court Bailiff fees (£121 for a Bailiff appointment), alongside costs for legal advice. The Court may order tenants to repay you some fees, but this will be minimal, and enforcement of payments is your responsibility.
At Pinney Talfourd, our Legal 500 recognised team combines technical precision with empathetic support. We help landlords avoid common pitfalls, including invalid notices that delay proceedings.
Proactive compliance checks
helping prevent notice invalidation and lengthy delays.
Specialist landlord litigation expertise
Our solicitors specialise in residential property litigation with a deep understanding of possession laws. This knowledge ensures your case is handled efficiently and successfully.
Tailored support through every step
From serving notices to enforcing Bailiff action, we guide you clearly making a complex process easier to navigate.
Nationwide court representation
Whether your property is local or across the country, we arrange professional representation to attend court hearings on your behalf, saving you time and stress.
Clear fee advice
We offer a clear breakdown of the fees involved for each stage, giving you financial clarity from the outset.
Responsive communication
We prioritise proactive updates and open dialogue, so you’re never left wondering about your case’s progress.
Strong track record in resolving arrears disputes
Our team effectively manages cases where tenants dispute rent arrears, preparing evidence and advising on counterclaims related to property conditions.
Client-focused approach
We commit to building lasting relationships founded on trust, respect, and results. We’re not just your solicitors – we’re your legal partners.
Understanding Possession Proceedings
Possession proceedings can feel daunting, but knowing the stages and requirements can give you confidence.
First, a valid Section 8 Notice must be served and the specific tenancy rules must be complied with. If the tenants do not leave by the notice expiry date, you can file a possession claim with the Court.
The Court hearing reviews evidence from both parties to determine whether the grounds for possession exist both at the date the notice is served and at the date of the hearing. Most possession claims are dealt with at one hearing, but if the tenant makes a counterclaim or further evidence is required a second hearing may be necessary.
Upon an order for possession, tenants have to leave the Property within a set timeframe. If the tenants fail to vacate, the in order to enforce the order for possession, a bailiff needs to be instructed to physically remove the tenants.
Throughout the process, legal costs can mount up, but our advice helps you understand potential timeframe and costs, managing expectations and budgets clearly.
Our experience reflects the reality that possession proceedings are about more than legalities, they affect people’s homes and livelihoods. We combine respect with resolve to support you compassionately and professionally.
Possession Orders & FAQs
We understand you might be looking for answers, so we’ve compiled a list of frequently asked questions to help get you started.
Yes, but errors in notice preparation or service can invalidate them, causing delays. Our solicitors help ensure all notices are correctly drafted and served, reducing risks and accelerating possession.
From 1 May 2026, Section 21 “no-fault” notices are no longer valid, and you can only serve a Section 8 notice to end a tenancy. A full list of the grounds upon which you can serve a Section 8 Notice are set out in Schedule 2 of the Housing Act 1988. Before serving a Section 8 Notice you must ensure that all relevant tenancy rules are complied with.
A Section 8 Notice must give the tenants a minimum amount of notice, for rent arrears this is 4 weeks, where the Property is being sold it is 4 months. A Court will usually list a hearing 2 – 3 months from the date of application. Tenants must vacate within 14 days after the possession order, extendable to 42 days in cases of exceptional hardship.
Should tenants ignore an order for possession, a bailiff application will be necessary. County Court Bailiffs typically arrange an eviction date 2 – 3 months from the date of application.
If you are successful in obtaining possession, Courts often order the tenant to pay some court and legal fees. However, there is not guaranteed and is often minimal. Enforcement of any repayments is your responsibility.
Our team of experts
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Your key contact
You can contact us now to book an initial consultation. Or for more information please contact Oliver-James Topping on the details below.
Oliver-James Topping
Senior Associate