Guidance

Understanding the possession action process: guidance for landlords and tenants

Guidance for landlords and tenants in the private and social rented sectors to explain the possession action process in the county courts in England and Wales.

Documents

Details

This guidance is to help private landlords to understand their rights and responsibilities when they need to take possession of their property through the county court by explaining how the possession action process works. It will also help social landlords understand the new arrangements which will be in place when the stay on possessions ends.

It will assist tenants who have been served with a notice requiring or seeking possession and provides detailed information about each stage of the possession action process where the landlord makes a possession claim to the county court.

The guides also contain advice to help tenants and private landlords to resolve common disputes in tenancies, such as rent arrears and anti-social behaviour, without the matter needing to go to court.

Each of these guides includes advice on the new arrangements in the county court that will be introduced once possession cases resume on 21 September 2020. These new arrangements assist landlords and tenants whose circumstances have been adversely affected by the coronavirus pandemic and help to manage the flow of new and outstanding cases in the courts.

Published 17 September 2020
Last updated 11 January 2021 + show all updates
  1. Updated to reflect the introduction of national lockdown measures and the extension of measures to prevent the enforcement of evictions in England and Wales, and to provide information about how these operate.

  2. Updated to reflect changes to the tier system and the introduction of a 4th tier from 20 December.

  3. Guidance updated to reflect the local restriction tier system that will be in place from Wednesday 2 December and to provide more information about how the exemptions to the restriction on bailiff enforcement operate in practice.

  4. Guidance updated to reflect the local restriction tier system that will be in place from Wednesday 2 December.

  5. Guidance updated to reflect new legislation to prevent enforcement of evictions in England during the period of national restrictions and over the Christmas.

  6. Guidance updated to reflect new national restrictions in England from 5 November.

  7. First published.