Landlord Procedure for Possession (Post-RRA)
- Grounds: Establish a valid reason (e.g., rent arrears, breach of tenancy).
- Notice: Serve the correct notice (Section 8) with relevant grounds.
- Court Action: Apply for a possession order if the tenant doesn’t leave.
What is not generally recognised is that the landlord cannot cease a tenancy, they can (politely) ask the tenant to leave, by way of a notice, and if that fails the landlord can apply to court to have that converted into a court order.
Note that the court can issue a suspended or immediate possession order. If the tenant still fails to vacate a Bailiffs’ Order has to be sought.
The procedure for this is:-
– Issue the appropriate notice (request to leave);
– If ignored apply to court to have converted to court order:-
– Immediate or suspended
– If still ignored apply to court for a bailiff’s order.
Generally, landlords will have to apply separately to recover any arrears – suggest use Money Claim Online – www.moneyclaim.gov.uk
However a tenant leaves, it is vital to prove they have left voluntarily else there is a danger they can claim they were illegally evicted. We suggest you use the iHowz Deed of Surrender.
If a landlord enters the property and changes the locks without court permission, they risk criminal proceedings for wrongful eviction, and the tenant can pursue a Rent Repayment order.
Members can access the relevant forms and guides in the Member area. Alternatively, they can use our partner link to use the iHowz discounted Eviction Service
