Obtaining possession
Landlords must follow the correct legal process when seeking to evict a tenant or recover possession of a rented property. Ownership of the property does not, by itself, entitle a landlord to remove an occupier without following the required procedure.
In England, Section 21 'no fault' evictions were abolished on 1 May 2026. For most private rented properties, landlords must now rely upon an applicable ground for possession and follow the appropriate Section 8 possession procedure.
Wales has a different possession regime under the Renting Homes legislation. Welsh standard occupation contracts replaced assured shorthold tenancies, and the rules for recovering possession are distinct from those applying in England.
Our tenant eviction solicitors can advise you on the correct route to possession, prepare and serve the appropriate notice and deal with possession proceedings and enforcement where required.
Unlawful eviction
Landlords should take particular care when seeking to regain possession or where they believe a tenant or contract-holder has abandoned a property.
Attempting to remove an occupier without following the correct legal process can expose a landlord to serious consequences.
If you are facing an allegation or claim for unlawful eviction or landlord harassment, our specialist solicitors can advise you on your position and provide assistance in defending or resolving the claim.
Deposits
Landlords who take a tenancy deposit must comply with the relevant tenancy deposit protection requirements.
In England and Wales, landlords must protect a tenant's deposit in a government-approved scheme and serve the deposit prescribed information.
Failure to comply with deposit requirements can have significant consequences for a landlord. Our solicitors can advise on tenancy deposit disputes, deposit protection issues and claims for non-compliance, together with any potential effect on possession proceedings.
Landlord responsibilities under the Renters' Rights Act
Landlords with properties in England must also be aware of substantial changes introduced by the Renters' Rights Act 2025.
Changes which took effect on 1 May 2026 include:
- the abolition of assured shorthold tenancies and their replacement within the relevant regime by assured periodic tenancies;
- the abolition of Section 21 evictions;
- changes to the grounds for possession;
- new requirements concerning rent increases;
- restrictions on rent in advance and rental bidding;
- requirements relating to requests to keep a pet; and
- prohibitions relating to discrimination against prospective tenants because they have children or receive benefits.
Keeping on top of changing legal requirements is an important part of managing residential property. We can advise landlords on their obligations and assist where a compliance issue has already arisen.
Landlord legal advice and defending tenant claims
If you are concerned that you may have breached your responsibilities as a landlord, seeking advice at an early stage can help you understand your position and determine what action should be taken.
Our specialist residential landlord solicitors can advise you in relation to:
- landlord compliance
- tenant claims
- disrepair disputes
- property safety issues
- local authority enforcement
- tenancy deposit disputes
- possession and eviction proceedings
- unlawful eviction claims
- disputes arising from landlord and tenant responsibilities
Call us on 0161 696 6170 or complete our online enquiry form to speak to a member of our specialist landlord and tenant team.
Insurance
Landlords should ensure that they have appropriate insurance for a rented property and should check the terms of their policy carefully to make sure that the cover reflects the property being let to tenants.
Depending on the policy, specialist landlord insurance may provide cover for the building, landlord-owned contents and property owner's liability. Some policies may also offer additional cover for matters such as loss of rent or legal expenses. The level and extent of cover will depend on the individual policy. Rent Smart Wales specifically advises landlords to check policy wording to ensure the appropriate cover is in place.
For properties in Wales, landlords should also be aware that appropriate landlord insurance is a mandatory condition of a Rent Smart Wales landlord licence.
Tenants are generally responsible for arranging insurance for their own personal belongings where they wish those belongings to be insured.
Landlords should review their insurance arrangements regularly and notify their insurer of relevant changes to ensure that appropriate cover remains in place.