When tenants fall into rent arrears or breach the terms of their tenancy, landlords may be forced to take legal steps to regain control of their property. This process is known as possession proceedings, and in some cases it may lead to a bailiff eviction if tenants fail to leave after the possession date.

At Percy Hughes & Roberts, our specialist eviction solicitors for landlords provide clear, practical advice to ensure the process is handled lawfully and efficiently. We understand the financial and emotional strain that difficult tenants can cause, and we work to secure possession as quickly as possible while protecting your rights as a landlord.

Below, we explain everything landlords need to know about possession proceedings and bailiff evictions, from when you can start the process, how long it takes, and the ways tenants may try to challenge it. If you need any assistance with anything we have spoken about, you can contact us by completing the enquiry form or by calling 0151 666 9090.

Possession Proceedings Explained for Landlords

Possession proceedings are the formal legal process a landlord must follow to regain possession of their property when tenants refuse to leave voluntarily. This usually happens after tenants fall into rent arrears, breach their tenancy agreement, or when a landlord requires the property back at the end of a tenancy.

The process begins with serving the correct notice - either a Section 8 notice (for rent arrears or breaches of tenancy) or a Section 21 notice (to regain possession at the end of a fixed term). If the tenant does not vacate the property after the notice period, the landlord must apply to the court for a possession order.

Our experienced possession proceedings solicitors ensure landlords follow the correct procedure at every stage, avoiding costly delays and ensuring compliance with UK housing law.

When Can a Landlord Start Possession Proceedings?

A landlord can begin possession proceedings once the correct notice has been served and the tenant has failed to leave the property by the date specified in that notice.

The most common situations where landlords start possession proceedings include:

• Rent arrears – where tenants have fallen behind on their rent payments.
• Breach of tenancy agreement – such as damage to the property or anti-social behaviour.
• End of tenancy – when a landlord wishes to regain the property after a fixed-term tenancy has expired.

Depending on the circumstances, landlords will need to serve either a Section 8 notice (based on breaches of tenancy) or a Section 21 notice (no-fault eviction at the end of a tenancy). Only once the notice period has expired, and the tenant has not vacated, can court proceedings be issued.

Our team of landlord eviction solicitors can advise on which route is most appropriate, making sure the process is lawful and minimising the risk of delays.

The Legal Process of Repossessing a Property

Repossessing a property as a landlord must follow strict legal steps. Attempting to remove tenants without following the correct procedure can amount to an unlawful eviction, which carries serious penalties. The process typically involves four key stages:

1. Serving a Notice

The first step is to serve the correct notice on the tenant:

• Section 8 Notice – used when the tenant has breached the tenancy, for example by falling into rent arrears or causing damage.
• Section 21 Notice – used to regain possession at the end of a fixed-term tenancy or during a periodic tenancy, without needing to prove fault.

2. Issuing Court Proceedings

If the tenant does not leave by the date stated in the notice, the landlord must apply to the court for a possession order. This begins the formal possession proceedings.

3. Obtaining a Possession Order

The court may grant either:

• An outright possession order – requiring the tenant to leave, usually within 14 days, but can be up to 42 days.
• A suspended possession order – allowing the tenant to remain, provided they meet certain conditions, such as paying rent arrears in instalments.

4. Bailiff or High Court Enforcement

If tenants still fail to vacate, landlords must apply for a warrant of possession. This allows county court bailiffs, or in some cases High Court enforcement officers, to lawfully evict the tenant.

Our specialist eviction solicitors for landlords manage each stage of the process to ensure compliance with housing law and to secure possession of your property as efficiently as possible.
 

Can a Tenant Stop Possession Proceedings?

In some cases, tenants may be able to delay or challenge possession proceedings. For example, they might dispute the validity of the notice served, argue that the landlord has not followed the correct procedure, or apply to the court to have more time to leave. 

This does not usually prevent possession altogether, but it can create delays. Having an experienced possession proceedings solicitor ensures that all notices and applications are correctly prepared, reducing the risk of a tenant successfully stopping or postponing the process.

How Long Do Possession Proceedings and Bailiff Evictions Take?

The length of time it takes to regain possession of a property can vary depending on the circumstances and whether the tenant contests the case. On average: 

• Notice period - Section 8 and Section 21 notices usually require between 2 weeks and 2 months’ notice, depending on the grounds. 
• Court proceedings - If the tenant does not leave, applying to court for a possession order can take several weeks to a few months, depending on the court’s workload. 
• Bailiff eviction - If bailiffs are needed to enforce the order, this can add a further 4–8 weeks to the process. 

In total, landlords should expect possession proceedings and bailiff enforcement to take anywhere from 3–6 months, though disputes or tenant defences can extend this.

 Our specialist eviction solicitors for landlords work to minimise delays and ensure each step of the process is handled as efficiently as possible.
 

How Percy Hughes & Roberts Support Landlords

At Percy Hughes & Roberts, we understand that pursuing possession proceedings can be stressful, time-consuming, and costly if mistakes are made. Our specialist eviction solicitors for landlords are here to guide you through every stage of the process, from serving the correct notice to instructing bailiffs where necessary.
We support landlords by:

• Advising on whether a Section 8 or Section 21 notice is the most appropriate route.
• Preparing and serving legally compliant notices to avoid delays.
• Representing landlords in court possession proceedings.
• Applying for and enforcing possession orders through county court bailiffs or High Court enforcement officers.
• Recovering rent arrears alongside possession where possible.

Our goal is to secure possession of your property as quickly and efficiently as the law allows, while protecting your rights and minimising disruption. You can contact us by completing the enquiry form or by calling 0151 666 9090.

Frequently Asked Questions for Landlords

How much does it cost to evict a tenant through the courts? 

The cost will depend on the type of notice, court fees, and whether the court bailiffs or High Court enforcement officers are required. Our solicitors can provide a clear estimate at the outset. 

Do landlords always need to go to court to evict a tenant? 

Yes. A landlord cannot lawfully evict tenants without a possession order from the court. Attempting to remove tenants without following the legal process could amount to unlawful eviction. 

Can I use High Court Enforcement instead of county court bailiffs? 

In some cases, yes. Transferring the order to the High Court can speed up enforcement, but you must apply for permission from the court. 

What happens if the tenant pays their arrears before the hearing?

 If arrears are cleared before the hearing, it may affect the outcome of the possession claim. In these cases, legal advice is vital to understand your options. 

Can I recover rent arrears as part of possession proceedings? 

Yes. A Section 8 claim can include a request for both possession and a money judgment for outstanding arrears.