Possession claim

The court process a landlord must use to evict a tenant who will not leave — since Section 21 was abolished, every possession claim must be based on a specific Section 8 ground.

Can my landlord just change the locks instead of using a possession claim?

No. Changing the locks or forcing a tenant out without a court order is illegal eviction, regardless of what ground the landlord thinks they have. A possession claim, and ultimately a bailiff acting under a court warrant, is the only lawful way to remove a tenant who will not leave voluntarily.

What is the difference between an accelerated and a standard possession claim?

An accelerated possession claim is a paper-only process, historically used for straightforward Section 21 cases without a hearing. Since Section 21 was abolished, most possession claims now rely on Section 8 grounds and go through the standard procedure, which usually includes a hearing where the tenant can defend the claim.

Can I defend a possession claim?

Yes. If you dispute the ground being relied on, believe the correct notice was not given, or believe the landlord has not followed the correct process, you can file a defence and the case will normally proceed to a hearing where a judge decides.

What happens if the court grants possession?

The court will normally set a date by which you must leave. If you do not leave by then, the landlord cannot remove you themselves — they must apply for a warrant of possession, and only court-authorised bailiffs can then carry out the eviction.

Which grounds are mandatory and which are discretionary?

Mandatory grounds mean the court must grant possession if the landlord proves the ground applies, such as substantial rent arrears at the required level. Discretionary grounds mean the court can refuse possession or grant more time even if the ground is proven, weighing factors such as the tenant's circumstances and the reasonableness of eviction.

How much notice does a landlord have to give before a possession claim?

It depends on which Section 8 ground is being relied on — notice periods vary by ground and can range from a few weeks to several months. The specific notice must correctly state the ground and comply with the statutory minimum period for that ground, or it may be invalid.

Why a possession claim is the only lawful route

A landlord cannot simply ask a tenant to leave and then change the locks if they refuse. Doing so is illegal eviction, a criminal offence, and it exposes the landlord to civil claims regardless of whether they genuinely believed they had a good reason to remove the tenant. A possession claim exists precisely to make sure a court, not the landlord, decides whether eviction is justified and lawful.

Since Section 21 was abolished for private tenancies from 1 May 2026, this process has become more significant still. Every possession claim now depends on the landlord identifying and proving a specific ground under Section 8 of the Housing Act 1988, rather than simply giving notice without a reason.

How the process generally runs

• The landlord serves written notice citing the specific ground relied on and the correct notice period for that ground.
• If the tenant has not left by the date given, the landlord issues a possession claim at court, setting out the ground and evidence.
• Defence and hearing.
• A tenant can defend the claim, and the court usually lists a hearing to decide whether the ground is made out and, for discretionary grounds, whether it is reasonable to grant possession.
• Order and enforcement.
• If possession is granted, the court sets a date to leave. If the tenant still does not go, the landlord must apply for a warrant so that bailiffs, not the landlord, carry out the eviction.

A landlord wants to sell a property with vacant possession and serves notice citing the relevant ground, giving the statutory minimum notice period and evidence of a genuine intention to sell, such as instructions to an estate agent.

The tenant disputes the notice, believing the landlord actually intends to relet at a higher rent rather than sell. Because this is a discretionary ground, the case proceeds to a hearing where the landlord must satisfy the court the ground is genuine, and the tenant can challenge the evidence. The outcome depends on what the court finds, not simply on which side asserts their version more strongly.

Renters' Rights Act 2025

Guide: My Landlord Served a Section 8 Notice. What Are My Options?

Civil Procedure Rules, Part 55

Possession Claim — Renters' Rights Glossary

How a landlord must use a possession claim based on Section 8 grounds to evict a tenant, what the process involves, and how to defend one.