How to Start Possession Proceedings as a Landlord: A Practical Checklist

Starting possession proceedings can feel daunting for landlords. The rules are strict, the paperwork must be precise, and mistakes can cause costly delays. However, by following the correct process step by step, you can regain possession of your property lawfully and efficiently.

At Percy Hughes & Roberts, our specialist possession proceedings solicitors support landlords throughout the process, ensuring every notice, application, and hearing is handled correctly. This guide sets out a practical checklist for landlords who need to start possession proceedings in England and Wales.

If you have any questions we have not covered, our specialist landlord solicitors are able to answer your landlord query. You can contact us by completing the enquiry form below or by calling 0151 666 9090. 

Step 1: Identify the Grounds for Possession

The first step is deciding why you need possession of the property. This determines which legal route you must take:

• Section 8 Notice - used where the tenant has breached the tenancy agreement. Common grounds include:
  • Rent arrears
  • Damage to the property
  • Anti-social behaviour
  • Breach of tenancy conditions (e.g. keeping pets without permission)
     
•  Section 21 Notice - sometimes called a “no-fault eviction.” This allows landlords to recover possession at the end of a fixed-term tenancy or during a periodic tenancy, without needing to prove a breach.

Choosing the wrong route is one of the most common mistakes landlords make. Getting this step right ensures the rest of the process runs smoothly.

You can read more about Section 8 and 21 Notices here.

Step 2: Check Your Compliance as a Landlord

Even if you have valid grounds, the court will not grant possession if you have not complied with landlord obligations. Before serving a notice, check that you have:

• Protected the tenant’s deposit in a Government-approved tenancy deposit scheme and given the tenant prescribed information. 
   
• Provided the tenant with all legally required documents, including:
  • Energy Performance Certificate (EPC)
  • Gas Safety Certificate
  • Government’s “How to Rent” guide
     
• Complied with property safety requirements.

If you have not met these obligations, a possession claim could fail or be significantly delayed. Our solicitors can review your compliance and help you correct any issues before starting proceedings.

Step 3: Serve the Correct Notice

Once compliance is confirmed, you can serve the appropriate notice. The details matter:

• Section 8 Notice - notice periods vary depending on the grounds, but can be as short as 2 weeks in cases of serious rent arrears or anti-social behaviour.
• Section 21 Notice - requires at least 2 months’ notice. The tenancy must also be an assured shorthold tenancy (AST).

The notice must be completed accurately and served correctly (e.g. delivered by post, hand delivery, or as specified in the tenancy agreement). An invalid notice is a common defence raised by tenants, and it can mean starting the process all over again.

Step 4: Apply to the Court if the Tenant Does Not Leave

If the tenant remains in the property after the notice expires, the next step is to apply to the county court for a possession order. There are two main routes:

• Accelerated possession procedure - available for some Section 21 claims. This is usually quicker because it avoids a court hearing, provided all paperwork is correct.
• Standard possession claim - used for Section 8 notices or where rent arrears and possession are both claimed. This usually involves a court hearing.

The court will review your claim and either list it for a hearing or, in the case of accelerated claims, make a decision based on the paperwork.

Step 5: Obtain a Possession Order

At the court stage, a judge can make several types of order:

• Outright possession order - requires the tenant to leave, usually within 14 days (up to 42 days in cases of exceptional hardship).
• Suspended possession order - allows the tenant to remain provided they meet strict conditions, such as paying arrears in instalments.
• Adjournment or dismissal - if paperwork is incorrect, or if the tenant successfully challenges the claim.

Having legal representation can make a crucial difference here. Our solicitors ensure the strongest possible case is presented on your behalf.

Step 6: Enforce with Bailiffs if Necessary

If tenants ignore the possession order, landlords must apply for a warrant of possession. This allows county court bailiffs, or in some cases High Court enforcement officers, to carry out the eviction.

Landlords must never attempt to evict tenants themselves. Only court-appointed officers can lawfully enforce an eviction. Attempting to remove tenants without following this process is considered unlawful eviction and can lead to heavy penalties.

You can read about Possession Proceedings & Bailiff Evictions here. 

Step 7: Recover Rent Arrears (if applicable)

If your tenant owes rent, you may be able to recover arrears alongside possession proceedings. A Section 8 claim can include a money judgment for arrears, while Section 21 cannot.

If arrears are significant, it is often sensible to pursue both possession and arrears together. Our solicitors can advise on the most cost-effective approach.

You can read more about Recovering Rent Arrears here. 

Common Defences Tenants May Raise

Tenants sometimes try to challenge or delay possession claims. Common defences include:

• Claiming the notice was served incorrectly or contains errors.
• Alleging disrepair in the property (e.g. damp, mould, faulty electrics).
• Disputing rent arrears.
• Arguing the landlord has not met compliance obligations (e.g. deposit protection).

Understanding these risks helps landlords prepare. Our solicitors anticipate these challenges and make sure notices and claims are robust.

Costs of Starting Possession Proceedings

The costs involved vary depending on the complexity of the case. Typical expenses include:

• Court application fees (around £404 for a possession claim).
• Bailiff enforcement fees (currently £148 in county court).
• Legal fees for preparing and managing the claim.

At Percy Hughes & Roberts, we are clear about costs from the outset so landlords can plan with confidence.

Practical Tips for Landlords

Landlords who are beginning possession proceedings can save time and stress by approaching the process in a structured way. Keeping thorough records of rent payments, correspondence with tenants, and any evidence of breaches will strengthen your claim in court. It is also important to follow the correct written procedures rather than relying on informal arrangements, as these can undermine your case later on.

Another key consideration is timing. Serving the right notice at the right stage is crucial. A mistake here is one of the main reasons possession claims fail. Seeking professional advice before issuing a notice can prevent costly setbacks and ensure the process moves forward smoothly. 

Finally, landlords should be prepared for the possibility of delays, particularly if a tenant raises a defence or disputes the claim. Knowing these challenges in advance allows you to plan with confidence.