Possession proceedings are the legal steps a landlord must follow to regain lawful possession of a rental property in England and Wales. As of April 29 2025, two statutory routes remain available under the Housing Act 1988, with further reforms proposed but not yet in force. This article explains the current law and highlights confirmed future changes so landlords can plan ahead.
1. Current Legal Routes to Repossess
| Route | Notice type | Typical use‑case | Court procedure | Can claim rent arrears? |
|---|---|---|---|---|
| Section 21 (“no‑fault”) | Form 6A (min. 2 months’ notice) | End of an assured shorthold tenancy (AST) without having to prove fault | Accelerated possession – usually paper‑based, no hearing unless contested | No (must bring a separate money claim) |
| Section 8 (fault‑based) | Form 3 (notice period 2 weeks‑2 months depending on ground) | Rent arrears, breach, antisocial behaviour, etc. | Standard possession – court hearing required | Yes – claim rent arrears within the same action |
Important: Section 21 and the accelerated procedure remain valid in law at the time of writing. The Renters’ Rights Bill, currently before the House of Lords, proposes abolishing this route later in 2025 or early 2026, but it is not yet in effect. (gov.uk)
2. How Long Do Possession Proceedings Take?
| Scenario | Approximate timeframe* |
| Accelerated (Section 21) – uncontested | 6‑10 weeks from claim issue to possession order |
| Standard (Section 8) – uncontested | 8‑12 weeks |
| Any defended claim / complex evidence | 3‑6 months (sometimes longer) |
*Figures are averages. Backlogs, incomplete paperwork, or tenant defences can extend these timescales.
3. What Is a Possession Action?
A possession action is the claim a landlord files in the county court after the notice period expires and the tenant has not left. The claim packet includes:
- Claim form (N5 or N5B for accelerated claims).
- Notice served (Form 6A or Form 3).
- Tenancy agreement and any variation documents.
- Evidence of compliance (e.g., deposit prescribed information, EPC, Gas Safety certificates, How to Rent guide).
- Court fee.
For Section 21 accelerated claims, the judge usually decides on the paperwork alone. Section 8 claims require at least one court hearing.
4. What Is a Possession Order?
If the judge is satisfied the claim is valid, they will issue a possession order:
- Outright possession order – tenant must leave within 14 or 28 days.
- Suspended/postponed order – tenant may remain if they meet conditions (often a repayment plan for arrears).
If the tenant remains after the date in an outright order, the landlord must apply for a warrant of possession (County Court bailiff) or can transfer to the High Court for a faster writ (at extra cost).
5. Forthcoming Reforms (Not Yet Law)
The Renters’ Rights Bill proposes to:
- Abolish Section 21 and the accelerated procedure.
- Make all ASTs automatically periodic from day one.
- Expand and re‑order Section 8 grounds, including new mandatory grounds for repeated serious arrears.
- Introduce a single Private Rented Sector Ombudsman and compulsory landlord redress membership.
The Bill is still at the committee stage in the House of Lords (as of 22 April 2025). Implementation dates have not been fixed; government guidance suggests a phased roll‑out no earlier than late 2025.
Final Thoughts
- Check the basics first: deposits protected, EPC, gas safety, How to Rent guide. Mistakes here will derail any Section 21 claim.
- Paperwork wins cases: keep clear rent schedules and communication logs to support Section 8 grounds.
- Monitor legislative progress: if Section 21 is abolished, all landlords will need robust systems for evidencing Section 8 grounds.
- Seek expert advice early.
This article reflects the law in force on April 29 2025. Always verify the latest position or obtain legal advice before starting possession proceedings.
