Possession is a paperwork exercise before it is a legal one. Most landlord claims fail on a defective notice or a missing compliance document, not on the merits. We audit first, serve correctly, and take the claim through to enforcement.
Compliance audit before anything is served
Before a notice goes out we confirm the deposit was protected within 30 days and prescribed information served, that a valid gas safety certificate, EPC and the current How to Rent guide were given, and that the property holds any selective or HMO licence the borough requires. Any gap here can invalidate the claim entirely, and in London licensing gaps are the most common single defect.
Section 8: fault-based possession
Used where the tenant has breached the tenancy. The grounds we rely on most:
- Ground 8 — mandatory, at least two months rent unpaid at service and at hearing
- Ground 10 — discretionary, some rent lawfully due and unpaid
- Ground 11 — discretionary, persistent late payment even if not currently in arrears
- Ground 12 — breach of another tenancy obligation
- Ground 13/14 — damage to the property, or nuisance and antisocial behaviour
Notice periods vary by ground. We calculate and evidence the correct period rather than defaulting to a standard form.
Accelerated possession
Where the claim is for possession alone with no money judgment sought and the paperwork is sound, the accelerated procedure is normally decided on the papers without a hearing — usually the fastest lawful route.
Court and enforcement
We prepare the claim bundle, the rent schedule and the witness statement, attend the hearing, and on a possession order that is not complied with we apply for a warrant of possession — or transfer up to the High Court for a writ and High Court Enforcement Officers where county court bailiff waiting times would cost more than the transfer.
What we will never do
Changing locks, removing belongings, cutting utilities or pressuring a tenant to leave is unlawful eviction and harassment under the Protection from Eviction Act 1977 — a criminal offence carrying a fine, a possible custodial sentence and substantial civil damages. Every route we take is through the court.
Settling instead
Where it is realistic, a negotiated surrender with a clear vacation date and an agreed arrears position ends the tenancy in weeks rather than months. We always test that first — it is nearly always cheaper for the landlord.
Start the process
Send the property address, the tenancy start date, the arrears position and the reason for possession. We will confirm the fastest lawful route and the realistic timeline.