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A possession order is an order made by the court requiring a tenant or contract-holder to give possession of a property back to their landlord. If the property is not returned by the date required, the landlord may need to take further steps to enforce the possession order.
If your tenant has not left following a valid notice seeking possession, our specialist landlord and tenant solicitors can advise you on issuing possession proceedings, obtaining a possession order and, where necessary, arranging enforcement to regain possession of your property.
The possession procedure differs between England and Wales, so it is important to follow the correct process for the property concerned.
For specialist advice about obtaining or enforcing a possession order, call our residential landlord solicitors on 0161 696 6170.
A landlord can generally apply to the court for a possession order where the appropriate possession procedure has been followed and the tenant or contract-holder has not left the property following expiry of the relevant notice.
The legal basis for seeking possession will depend on the circumstances and whether the property is in England or Wales.
For private landlords in England, the current regime requires landlords to rely upon an applicable ground for possession. Section 21 'no fault' possession is no longer available for new notices following the reforms which came into effect on 1 May 2026.
Grounds for possession may include circumstances such as:
For properties in Wales, landlords must follow the applicable procedure under the Renting Homes legislation. Welsh Government guidance identifies separate stages including serving the appropriate notice, making the possession claim, the possession hearing and order, and enforcement where required.
The exact procedure will depend upon the circumstances, but a residential possession claim will commonly involve the following stages:
1. Serve the appropriate possession notice
Before court proceedings can be commenced, the landlord will generally need to serve the appropriate notice seeking possession and allow the relevant notice period to expire.
In England, private landlords serving notice under the current regime use the Section 8 procedure. The appropriate ground for possession and notice requirements must be identified correctly.
Wales has its own prescribed notices and possession procedures for occupation contracts.
2. Issue possession proceedings
If the tenant or contract-holder remains in the property following expiry of the relevant notice, a possession claim can be made at court.
For a rented residential property in England, HM Courts & Tribunals Service identifies Form N5 and the relevant particulars of claim, including Form N119 for rented residential property. Separate court forms apply to Welsh possession proceedings.
3. Possession hearing and order
The court will consider whether the legal requirements for possession have been established. Depending on the circumstances of the claim, the court may make a possession order requiring the property to be returned to the landlord.
4. Enforce the possession order
If the tenant or contract-holder does not leave as required by the possession order, the landlord may need to take further enforcement action.
Typically, warrants and bailiffs are the final stage of the possession process in both England and Wales.
Our possession order solicitors can deal with the process on your behalf, from reviewing the initial notice through to possession proceedings and enforcement.
There are different types of possession orders that a landlord can seek.
An outright possession order requires the tenant or contract-holder to give possession of the property to the landlord by the date specified by the court.
If the occupier does not leave as required, the landlord will generally need to take further steps to enforce the order rather than removing the occupier themselves.
A suspended possession order allows possession to be postponed subject to conditions imposed by the court. If those conditions are subsequently breached, the landlord may be able to take steps to enforce the possession order.
Whether a particular type of order is available will depend upon the legal basis of the possession claim and the circumstances before the court.
For most private landlords in England, the accelerated possession procedure associated with Section 21 is no longer available for new possession cases under the current regime.
Section 21 was abolished in the private rented sector in England from 1 May 2026.
The position is different in Wales. The process continues to provide a separate N5B Wales accelerated possession claim form for appropriate Welsh cases.
If you are unsure which possession procedure applies to your property, our specialist solicitors can advise you on the correct route.
Where a possession hearing is required, the court will consider the landlord's claim and any response or defence raised by the tenant or contract-holder.
The landlord will need to establish that the legal requirements for the possession claim have been satisfied. Depending upon the ground relied upon and the circumstances of the claim, the court will determine whether a possession order should be made.
Our possession solicitors can prepare your case for the hearing and arrange representation on your behalf.
Yes. A tenant or contract-holder can respond to a possession claim and may seek to challenge the landlord's entitlement to possession.
The issues which can arise will depend upon the circumstances and may include:
A possession order will specify when possession of the property is to be given to the landlord.
If the tenant or contract-holder leaves by the required date, no enforcement action will usually be necessary.
If they refuse to leave following a possession order, the landlord may need to apply to enforce the order by obtaining the appropriate warrant and arranging for an authorised bailiff to recover possession.
Landlords should not attempt to bypass the court enforcement process by removing the occupier themselves.
Our solicitors can advise you on enforcing a possession order and the steps required to regain possession.
There is no fixed timescale for obtaining a possession order. The time required will depend upon factors including the applicable possession procedure, the notice period, whether the claim is defended and the progress of the case through the court.
If the tenant or contract-holder does not leave after a possession order is made, further time will also be required for the enforcement process.
Our possession solicitors can advise you on the stages involved in your particular case and take steps to avoid unnecessary procedural delays.
Possession is the legal process by which a landlord seeks to recover their property. Where court proceedings are required, the landlord will ask the court to make a possession order requiring the property to be returned.
Obtaining possession of a rented property can become costly and time-consuming if the wrong procedure is followed.
Our specialist landlord possession solicitors act for residential landlords across England and Wales and can assist with:
Call us on 0161 696 6170 to speak to a member of our specialist residential landlord team.
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