Before you consider seeking possession
We understand that managing a tenancy can sometimes be challenging. Before deciding to seek possession of your property, we would encourage you to carefully consider the circumstances and explore whether the issues can be resolved without court action.
Under the Renters' Rights Act, landlords can no longer use Section 21 "no fault" evictions. If a landlord wishes to regain possession of a property, they must rely on one or more specific legal grounds and, where necessary, obtain a court order.
Common reasons a landlord may seek possession
Landlord circumstances
A landlord may be able to seek possession where:
- they intend to sell the property
- they, or a close family member, genuinely intend to move into the property as their home
- the property is subject to mortgage repossession
- there are other specific circumstances set out in housing legislation
Tenant-related issues
A landlord may also seek possession where:
- there are significant or persistent rent arrears
- rent has been paid persistently late
- there has been a breach of the tenancy agreement
- the tenant has engaged in anti-social or criminal behaviour
- serious damage has been caused to the property
The grounds available, notice periods and evidence required will depend on the individual circumstances of the case. Landlords should ensure they understand the current legal requirements before taking action.
Consider alternatives first
Seeking possession can be a lengthy and stressful process for everyone involved. Before taking formal action, consider whether the issue could be resolved through discussion, mediation or additional support.
Talking to your tenant about the issues at an early stage can often help identify solutions and avoid matters escalating. In some cases, rent repayment plans, debt advice, support services or tenancy sustainment work may help address the underlying problem.
Get advice early
We recommend that landlords seek independent advice before starting possession proceedings, particularly where the legal position is unclear.
You may also wish to encourage your tenant to seek support. Housing charities such as Shelter can provide independent housing advice, and the council's housing options service may be able to offer advice and assistance where a household is at risk of homelessness.
Where appropriate, tenants can also be referred to tenancy sustainment services, which may be able to help them address issues affecting their ability to maintain their tenancy, such as budgeting difficulties, support needs, household management or accessing relevant services.
Please note: The council cannot provide legal advice to landlords, act on behalf of landlords in possession proceedings, or intervene in private legal disputes between landlords and tenants. Any possession action should be considered carefully and pursued in accordance with the law.
Useful information for landlords
- Landlord possession process guidance GOV.UK: https://www.gov.uk/evicting-tenants
- Private rented sector advice GOV.UK: https://www.gov.uk/renting-out-a-property
- Landlord rights and responsibilities National Residential Landlords Association (NRLA): https://www.nrla.org.uk
- Legal advice Landlords may wish to seek advice from a solicitor specialising in housing law or from a recognised landlord association before commencing possession proceedings.
Useful information for tenants
- Housing charities like Shelter can support your tenant.
- You can also encourage your tenant to reach out to our tenancy sustainment team, who can work with them to look at ways they can avoid losing their tenancy - from going through their tenant's responsibilities, looking at additional support and more.
- Waiting times and housing register information View our current waiting times for social housing.
