A possession claim is a legal process that allows a landlord to recover possession of their property from a tenant. It is typically used when a tenant has breached the terms of their tenancy agreement.

At least 3 months' rent (or 13 weeks if your tenant pays weekly or fortnightly) must be outstanding at both the date the notice is served and the date of the hearing. This threshold was increased from 2 months by the Renters' Rights Act 2025.

This is why we always plead Grounds 10 and 11 alongside Ground 8. If your tenant reduces their arrears below 3 months before the hearing, Ground 8 fails — but the court still has discretion to grant possession on Grounds 10 and 11.

Yes, in one specific way. Any amount unpaid solely because a Universal Credit housing payment had not yet been received must be excluded from the arrears calculation for Ground 8. We will check this with you before serving the notice.

No. Unlike the old Section 21, failure to provide a gas safety certificate, EPC, electrical safety report or How to Rent guide does not bar a Section 8 possession claim. The only document compliance that matters for Section 8 is deposit protection.

You should consider a possession claim if your tenant has failed to pay rent, breached the terms of the tenancy agreement, caused damage to the property, or if you need to recover possession to sell the property or move in yourself. Section 21 has been abolished from 1 May 2026 — all claims now proceed under Section 8 using one of the available grounds.

Our experienced solicitors can guide you through the entire possession claim process, from assessing your case to filing the necessary legal paperwork and representing you in court if needed.

The process typically involves serving the correct notice, applying to the court, attending a court hearing, and obtaining a possession order if successful. Our solicitors will assist you at every step.

The timeline can vary, but it usually takes several weeks to months, depending on the complexity of the case and the court's availability.

Successful possession claims result in a court order allowing the landlord to regain possession of the property. In some cases, the court may also order the tenant to pay outstanding rent or damages.

While it's possible to file a possession claim without legal representation, we strongly recommend consulting with a solicitor to ensure the process is done correctly and to increase your chances of success.

 Our fees may vary depending on the complexity of the case. We offer competitive rates, and you can request a consultation to discuss your specific situation and get a quote.

Yes, we provide a free initial consultation to assess your case and discuss the potential legal steps involved.

If the tenant contests the claim, the case will proceed to a court hearing. Our solicitors will represent your interests in court and work to achieve the best possible outcome.