Dealing with tenancy disputes can be stressful, especially when it involves reclaiming a property. A notice seeking possession is a formal step landlords take to start the process of regaining control of their property. In this guide, we break down what a notice of possession is, when it’s used, and what happens next.
What is a notice of possession?
A notice seeking possession (also called a notice of possession) is a legal document a landlord sends to a tenant to inform them that they want to take back the property. It explains why the landlord is seeking possession and gives the tenant a set amount of time to either leave the property or fix the issue, such as paying overdue rent. This notice must be served before the landlord can apply to court for a possession order.
đź’ˇEditor's insight: "You'll see the terms 'notice seeking possession', a 'notice of seeking possession' and 'notice for possession' thrown around - these all largely mean the same thing. The name is derived from the official forms used, for example 'Form 3: notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy'."
What is it used for?
A notice seeking possession is used when landlords want to reclaim their property due to breaches of tenancy terms. Common reasons include:
Non-payment of rent
Damage to the property
Anti-social behaviour
The end of a fixed-term tenancy under Section 21 (for assured shorthold tenancies)
It is not an automatic eviction order but a key legal step before a landlord can apply to the court.
When can a landlord serve a notice seeking possession?
Landlords can serve a notice seeking possession in a variety of situations, depending on the type of tenancy and the specific reasons for eviction. The timing and type of notice depend on the legal framework governing the tenancy. In the UK, two primary notices are used for seeking possession: Section 21 and Section 8.
Section 21 notice
A Section 21 notice is typically used for assured shorthold tenancies (ASTs) when the landlord does not need to specify a breach of the tenancy agreement. This notice is often referred to as a 'no-fault' eviction. Landlords can serve this notice under the following conditions:
After the fixed term ends: A Section 21 notice can be served once the initial tenancy term has expired unless a break clause allows earlier termination.
Compliance with legal requirements: Before serving a Section 21 notice, the landlord must have complied with several obligations, including providing an energy performance certificate (EPC), a gas safety certificate, and the government’s 'How to Rent' guide.
Section 8 notice
A Section 8 notice is served when a tenant has breached the terms of the tenancy agreement. The grounds for serving this notice are listed in Schedule 2 of the Housing Act 1988 and include:
Ground 8: Persistent rent arrears, typically requiring at least two months’ unpaid rent.
Ground 12: Breach of other tenancy terms, such as causing damage to the property.
Ground 14: Anti-social behaviour or causing a nuisance to neighbours.
The notice period for Section 8 notices depends on the ground being cited. Some grounds require two weeks' notice, while others may require immediate action or longer notice periods. The landlord must clearly state the grounds and provide supporting evidence if the case goes to court.
Landlords must follow strict legal procedures when serving either notice to avoid invalidating their claim. Errors in paperwork or failure to meet legal requirements could lead to dismissal of the case.
What forms are used?
Different forms are required based on the type of notice served:
Form 6A: Used for Section 21 notices in England. It provides standardised wording and requirements.
Form 3: Used for Section 8 notices, detailing the specific grounds for possession.
These forms ensure that both parties have clear information about the basis of the notice and the next steps.
What happens after a notice seeking possession is served?
Once a notice has been served, several steps follow before the landlord can regain possession of the property. The process involves time-sensitive actions and legal procedures.
1. The notice period expires
The tenant has the right to remain in the property until the notice period ends. This gives them time to resolve issues (such as paying rent arrears), negotiate with the landlord, or find alternative accommodation.
For Section 21 notices, the notice period is usually two months.
For Section 8 notices, it may be shorter or longer, depending on the grounds cited.
If the tenant vacates voluntarily, the process ends here, and no further action is needed.
2. Landlord applies for a possession order
If the tenant does not leave by the notice expiry date, the landlord must apply to the court for a possession order. This involves completing the appropriate forms and paying a fee. The court reviews the landlord’s claim and schedules a hearing if necessary.
Accelerated possession procedure: In Section 21 cases where there are no disputes over rent arrears or other breaches, landlords may use the faster, accelerated possession process. This avoids a court hearing.
Standard possession procedure: In Section 8 cases or contested Section 21 cases, a full hearing is required.
3. Court hearing (if applicable)
If the tenant contests the possession or if a Section 8 notice is used, a court hearing will be scheduled. Both landlord and tenant present their cases. The court considers the evidence before making a decision.
4. Court decision
The court can:
Grant a possession order: Setting a date for the tenant to leave the property.
Adjourn the case: Giving the tenant more time to resolve the issue.
Dismiss the case: If the notice was invalid or if the landlord failed to follow correct procedures.
5. Eviction (if necessary)
If the tenant still does not leave after the possession order deadline, the landlord must apply for a warrant of possession. This authorises county court bailiffs or High Court enforcement officers to carry out the eviction. The landlord cannot evict the tenant without a court order.
Can a notice of seeking possession be withdrawn?
Yes, a notice seeking possession can be withdrawn if circumstances change. For example:
The tenant pays arrears in full
A mutual agreement to continue the tenancy is reached
However, if court proceedings have already started, the landlord may need to formally discontinue the case.
FAQs
Can you stop a notice of seeking possession?
Tenants can challenge a notice if it’s improperly served or if the reasons are unjust. Seeking advice from organisations like Citizens Advice or Shelter can help tenants understand their options and rights.
What happens if a tenant doesn’t leave?
If a tenant doesn’t vacate after a possession order, the landlord must apply for a warrant of possession. Bailiffs then carry out the eviction legally.
Final thoughts
A notice seeking possession is a critical step in the eviction process. Both landlords and tenants should understand the procedures, timelines, and legal obligations involved. Following the correct steps helps ensure a fair and lawful resolution for all parties. If you need help or advice, get in touch today for a free quote and to see how our landlord solicitors can help.