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.
Landlords who served a valid Section 21 notice before 1st May 2026 now have until 31st July 2026 to get their possession claim submitted to the court.
Make sure your claim is filed before it’s too late.
Don’t Let Your Possession Claim Expire at the Last Hurdle
With the abolition of Section 21 now in force, many landlords are understandably focused on learning the new possession grounds under Section 8. However, there remains one crucial deadline that some landlords may be in danger of missing.
If you served a valid Section 21 notice before 1st May 2026 and still intend to rely on it to recover possession, you must ensure that your possession proceedings are issued to the court by 31st July 2026, or within six months of the notice being served if that date is earlier. This requirement is set out in the Renters’ Rights reforms and has significant consequences for anyone who misses the deadline.
Why This Matters
Many landlords mistakenly believe that simply serving the Section 21 notice before it was abolished protects their position indefinitely. Unfortunately, that is not the case.
A Section 21 notice that has not progressed to court proceedings by the applicable deadline will no longer provide a route to possession. Once the deadline passes, landlords will need to look at whether they can rely on one of the new Section 8 grounds instead.
For some landlords, this could mean losing months of progress and having to start afresh under a completely different legal framework.
Check Your Cases Now
We strongly encourage all IHOWZ members to review any outstanding possession matters immediately and ask:
- Was a Section 21 notice served before 1st May 2026?
- Was the tenant outside of their fixed term?
- Has the tenant remained in occupation?
- Have court possession proceedings already been issued?
- If not, can the claim be submitted before 31st July 2026?
If you answer “yes” to the first three questions but “no” to the fourth, action is likely required urgently.
Don’t Wait Until the Last Week
Courts, solicitors, and advisers are all seeing increased demand as landlords rush to meet the deadline. Leaving matters until the final few days could create unnecessary risk if paperwork is incomplete or errors need correcting.
Even where possession appears straightforward, landlords should ensure that all compliance requirements have been met and that their claim is properly prepared before submission.
After 31st July
Once the deadline has passed, possession claims will generally need to rely upon the new Section 8 grounds introduced under the Renters’ Rights framework. These include grounds such as rent arrears, anti-social behaviour, landlord occupation, and intention to sell, each with its own evidential requirements and notice periods.
The days of relying on a no-fault Section 21 notice are now effectively over, making it more important than ever for landlords to understand the new system.
Need Help Before the Deadline?
If you have an existing Section 21 case and are unsure whether your paperwork is correct, IHOWZ is here to help.
With the 31st July deadline fast approaching, we strongly recommend reviewing any outstanding Section 21 cases now rather than waiting until the final days.
Don’t leave it until it’s too late once the deadline passes, landlords will lose the ability to rely on their existing Section 21 notice and may need to start again under the new Section 8 regime.
