Possession Proceedings Demystified: The Ultimate Guide

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Talk to the other person

You may be able to resolve the situation by simply talking with the other person (or people) involved. It is possible to negotiate a solution to the problem between yourselves. This is the cheapest option and will not require a solicitor's advice.

Mediation

Mediation is a formal meeting where you and the other person discuss the issues involved. A mediator (an independent third party) will try to help you agree and come to a solution. You can hire a solicitor to help you better understand the process or represent you in mediation. This option is cheaper and faster than going to court.

Go to Court

If you cannot resolve the dispute informally or through mediation, you should seek advice from a solicitor. If you are a landlord they will help you make a possession claim. This will require going to court. Your solicitor will guide you through the court process. If your claim is successful, the court will make a possession order which forces the tenant to leave the property and / or pay their outstanding debt. This is the most expensive option but ensures that your wishes are legally protected.

Step 1

Try talking to the other person first

You should first attempt to resolve your dispute by discussing the problems directly with your tenant/landlord. You can do this either directly or formally through mediation. If you reach an agreement this way, you will avoid the time and costs of going to court.

Step 2

Tenant sent notice of seeking possession

Next a landlord will need to make a possession claim. To make a valid claim, the landlord must let the tenant (or tenants) know by what date they want them to leave the property. This is known as giving a valid notice. The tenant can choose to follow the instructions in the notice. If they choose to do so no further action will be required.

Step 3

Make a possession claim

If the tenant does not leave by the date specified in the notice, a landlord can issue a court claim for a possession order. Your solicitor will help you send in the relevant forms either online or directly to your County Court. You should show all relevant evidence and documentation to your solicitor at this point so they can start building your case.

Step 4

Before the court hearing

A court date will be set that the landlord should prepare for. The tenant will be notified, they will likely take their own independent legal advice and build a defence or even make a counterclaim. The landlord’s solicitor will receive a copy of their defence.

Step 5

Possession Proceedings

There will be a court hearing where a judge will look at the evidence and arguments from both sides to come to a decision about the possession order. The landlord will either be given a possession order or the claim will be ruled out as invalid.

Step 6

Warrant of Possession

If the court has given the landlord a possession order but the tenant still has not left by the date specified in the order, they can apply to the court for a warrant of possession. The landlord’s solicitor will guide them through this process. The tenant can apply to suspend the warrant of possession. If the court grants a warrant of possession, a County Court bailiff will enforce the order and evict the tenant.