Stages of eviction
Recovering possession of a property from a non-paying tenant or even when you simply need possession of the property back can be a daunting process for landlords.
Landlord Legal Solutions can take you through the entire process.
- Step 1 – Solicitor’s letter before action
- Step 2 – Formal legal notice seeking possession
- Step 3 – Court proceedings
- Step 4 – Eviction
- Step 5 – Enforcement of money judgment
Step 1: Solicitor’s letter before claim
Get the process up and running with an effective solicitor’s letter.
There is no legal requirement for a letter before claim in every possession case, but a formal solicitor’s letter threatening legal proceedings is often enough to put your tenant back on the right track.
All letters are prepared on Moore Blatch headed paper so the tenant knows you are serious about taking action.
Step 2: Formal legal notice seeking possession
If your tenant has not responded to the letter before claim, or if you want to proceed straight to this stage, you will usually need to serve a formal notice seeking possession before you can issue possession proceedings in court.
The notice must comply precisely with the requirements of the Housing Act 1988.
Since 1 May 2026, private landlords in England can no longer use Section 21 notices. Instead, landlords will generally need to rely on one or more grounds for possession under Section 8 of the Housing Act 1988.
The grounds available depend on why you need possession, for example because:
- The tenant has not paid the rent.
- The tenant has breached a term of the tenancy.
- You intend to sell the property.
- You or a qualifying family member intend to move into the property.
- Another statutory ground for possession applies.
The notice period and evidence required will depend on the particular ground being used.
Landlord Legal Solutions makes this process simple for you and ensures that the correct notice is prepared for your circumstances.
You can read the Government’s current guidance on repossessing privately rented property after 1 May 2026.
Step 3: Court proceedings
If your notice has expired but your tenant has not left the property or made good the breach of agreement, you must usually issue court proceedings to get possession of the property.
You must follow the correct legal process. Trying to remove a tenant without following the required procedure can amount to illegal eviction. GOV.UK guidance on evicting tenants explains the process in more detail.
The procedure and evidence required will depend on the ground for possession being relied upon.
The court will consider whether the relevant ground has been proved and, depending on the ground, whether possession must be granted or whether it is reasonable to make a possession order.
Whichever procedure you need, our online system will guide you through every step of the process and ensure that the court forms are correctly drafted so that you can get your property back as quickly as possible.
Moore Blatch offers a full representation service if you have to go to court, which is included in the standard procedure fee structure and referral to us legal representation fee.
Further information about court hearings and possession orders is available from GOV.UK.
Step 4: Eviction
If the tenant refuses to leave after you have obtained a possession order, you will normally need to apply for a warrant for possession so that authorised bailiffs can evict them.
The landlord or agent must not try to evict the tenant themselves.
You can find more information in the Government’s guidance on possession, warrants and bailiffs.
Step 5: Enforcement of money judgment
Tenants often leave owing landlords substantial rent arrears and/or causing damage to the property. It’s only worth pursuing enforcement action if you know where the debtor is and whether they have any income or assets to satisfy the judgment.
Our team at CLS Direct are experts in tracing tenants and obtaining the information needed to decide what enforcement action to take. Simply complete the questions on the online portal about the debtor and the debt and we will take care of the rest.
If you obtained a money judgment with your possession order you can proceed straight to enforcement. If you don’t already have a money judgment we can obtain one for you against the tenant and/or guarantor where appropriate.
We will guide you on choosing the most appropriate option to get your money back and as solicitors we can act on your behalf in the available enforcement methods:
- Seizing goods using a warrant or writ of control
- Attachment of earnings
- Charging order, securing your debt against assets of the debtor, and where appropriate an order for sale
- Third party debt order
These are among the enforcement methods currently available through the courts. GOV.UK provides further guidance on enforcing a judgment.
Our team can also help you consider bankruptcy proceedings against the tenant/guarantor if appropriate.
Time is of the essence. Leave it to us to get your property back using the most appropriate court procedure.
