In most cases, a tenant will leave after the landlord has served a Section 8 Notice or a Section 21 Notice requiring the tenant to vacate the property.
However, when the tenant fails to vacate, the landlord may be forced to proceed with Court action.
Our Property Litigation Lawyers explain the processes Landlords can follow if a tenant refuses to move out after a Section 8 Notice or a Section 21 Notice has been served.
How to start a possession claim
To start a possession claim, the landlord must prepare a claim form and send it to the County Court.
The court will then issue the documents and serve them to the tenant.
The tenant may respond to the possession claim by submitting a defence within 14 days of receiving the claim documents.
The defence is filed by sending it to the Court and will include details of the reasons they are defending the proceedings.
Possession hearing
The Court will set a date for the possession hearing when the claim form is received.
Depending on the relevant court, this is usually within 4-8 weeks from the date the claim was issued.
In some cases, the Judge may deal with the case by reviewing the paperwork filed by the landlord, and therefore, a hearing is only sometimes required (particularly where a Section 21 Notice has been served).
Possession order
If the Judge makes an Order for possession, they are satisfied that the Landlord has proven the relevant ground (if a Section Notice has been served) or that the landlord has followed the correct process (if a Section 21 Notice has been served).
The possession order usually requires possession to be given within 14-28 days from the date of the hearing; however, this can be delayed in certain circumstances.
If your tenant has not been paying the rent, a money judgment and cost order can be granted (although ordinarily limited fixed costs are recovered for possession proceedings).
What should I do if the tenant does not move out after an Order for Possession is granted?
If the Court has granted a Possession Order and the tenant has yet to vacate by the date in the Order, the landlord can apply to the Court for a warrant of possession.
The alternative to obtaining a warrant is to apply to the High Court for enforcement by a High Court Enforcement Officer or bailiff.
A possession order can be enforced in the High Court in two different situations:
- When the possession hearing was in the High Court. However, this is unusual.
- The landlord has applied to transfer the matter to the High Court for enforcement purposes.
The County Court can decide whether to allow the matter to be transferred to the High Court.
However, the landlord can request a transfer during the possession proceedings in the High Court or after the order for possession has been obtained by applying to the County Court.
Suppose there are rent arrears together with any court costs over £600. In that case, the landlord can also apply for a writ of control to recover the money owed. This allows the bailiff to seize and sell the debtor's goods.
Once the landlord has obtained permission from the High Court, the landlord must give notice to every person in actual possession of the property.
The High Court can only grant permission if each tenant is given notice that the court considers sufficient.
A notice of eviction should be delivered to the premises at least 14 days before the eviction date unless the court determines otherwise.
The eviction notice must be addressed to all parties named on the order of possession and any other occupiers. It must be placed through the letterbox in a sealed transparent envelope, or if this is not possible, it must be attached to the premises or on stakes in a visible way.
The High Court has the power to stay or set aside a writ of possession or writ of control.
The application must be supported by evidence, which can be included in a witness statement or the application.
If the stay or set aside is granted, the tenant must inform the High Court Enforcement Officer, as the court may not do this.
The Renters Reform Bill
The Renters Reform Bill was introduced into parliament in May 2023 and debated in the House of Lords in May 2024. One of its main points was to abolish the Section 21 Notice.
Parliament did not pass the Renters Reform Bill before it was dissolved, and as of July 5th, it will now be up to the new Labour government to move it forward.
Contact Our Property Litigation Solicitors
Myerson’s Property Litigation Lawyers are experts in landlord property disputes. We have a wide range of experience in these cases and can help you to understand your options and guide you through the process, so please get in touch.
0161 941 4000
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Jennifer Hartley
Senior Associate
Jennifer qualified as a solicitor in January 2020 after completing her training with a specialist real estate firm. She joined Myerson upon qualification and has since become an integral part of the Property Litigation team, applying her expertise to a diverse range of contentious property matters.
Her practice covers a broad spectrum of issues, including TOLATA claims, residential and commercial landlord and tenant disputes, lease renewals, forfeiture, and advising on the right of first refusal. She also regularly advises on lease extensions and enfranchisement matters, guiding individuals and property owners through often complex statutory processes.
About Jennifer Hartley