Possession Claim Solicitors
If you need to bring or defend a residential possession claim, our solicitors, with over 18 years of experience in housing law across England and Wales, can help.
Last reviewed: August 2026
A possession claim is the formal court process by which a person with a right to occupy a property is required to leave. In the residential context in England and Wales, this most commonly means a landlord claiming against a tenant, but it also includes mortgage lenders claiming against borrowers in arrears and, in some cases, licence holders or those who have held over after a tenancy has ended. Since 1st May 2026, when the Renters’ Rights Act 2025 came into force in England, the no-fault Section 21 route under the Housing Act 1988 has been abolished. Every residential tenancy possession claim against a tenant now requires a statutory ground under Section 8, a valid notice, and a court hearing at which the landlord must prove the ground relied on.
At Law Lane Solicitors, we act for landlords, tenants, and mortgagors in possession proceedings from our offices in Stratford, High Holborn, and Croydon. We were founded in 2015 and are regulated by the Solicitors Regulation Authority. Our reviews show a 4.95 rating from over 1,200 reviews. With solicitors, solicitor-advocates, and barristers under one roof, we handle every stage of possession proceedings from the initial notice through to enforcement or appeal.
What does our possession claims service cover?
Possession claims in England and Wales engage a range of statutory and procedural requirements. Our team advises and acts on the following:
- Section 8 possession claims under the Housing Act 1988, advising on which of the Schedule 2 grounds apply, the correct form and content of the notice, and the evidence required to establish the ground.
- Rent arrears claims under Grounds 8, 10, and 11, including advice on the distinction between mandatory and discretionary grounds and the risk of arrears falling at the hearing date.
- Landlord occupation and redevelopment claims under Grounds 1 and 6, including the additional requirements that apply to each ground and the consequences of a misleading or incorrect notice.
- Anti-social behaviour and breach of tenancy claims under Grounds 12 and 14, including evidence gathering and the court’s approach to reasonableness on a discretionary ground.
- Standard possession procedure in the county court, including issue of proceedings, service, and representation at the possession hearing.
- Accelerated possession procedure where applicable, without a full oral hearing, including the preparation and filing of the relevant court forms.
- Defence of possession proceedings, advising tenants on counterclaims, disrepair defences, and the Human Rights Act 1998 arguments that may arise in social housing possession cases.
- Mortgage possession claims under the Pre-Action Protocol for Possession Claims based on Mortgage or Home Purchase Plan Arrears, including applications for time to pay and suspension of possession orders.
- Applications to postpone or suspend a possession order, and applications to set aside a possession order made in a party’s absence.
- Warrant of possession applications and applications to suspend warrants of execution already issued.
Why choose Law Lane for possession claims?
Possession claims are procedurally demanding. A defective notice, an incorrectly stated ground, or a failure to comply with pre-action requirements can result in a claim being struck out, adjourned at cost, or dismissed. The reforms introduced by the Renters’ Rights Act 2025 have increased the procedural burden on landlords, because every claim now requires a hearing at which the ground must be proved to the court’s satisfaction. A landlord who serves notices correctly, gathers the right evidence, and presents the claim clearly at court has the best prospect of an order at the first hearing.
For tenants, the abolition of Section 21 means there is now always a court hearing at which to present a defence. Tenants in receipt of a Section 8 notice should take advice promptly on whether the notice is valid, which grounds the landlord is relying on, whether any of those grounds are discretionary, and what evidence the court will consider. A tenant who understands the process and attends court with legal representation stands in a materially different position from one who does not.
Our advocates represent clients directly at possession hearings in the county court. We do not outsource advocacy. The fee earner who advises from the outset is the same person who prepares the court file, and the advocate who attends the hearing knows the facts of the case.
Get in touch
Our housing litigation team advises on possession claims for landlords and tenants across England and Wales. Early advice on the correct procedure and grounds can determine the result.
Phone: 020 7870 4870 or email: info@lawlanesolicitors.co.uk
Law Lane Solicitors is proud to be accredited under The Law Society’s Immigration and Asylum Accreditation.
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Frequently Asked Questions – Possession Claims
Is Section 21 still available for possession claims?
No. Section 21 of the Housing Act 1988 was abolished in England on 1st May 2026 under the Renters’ Rights Act 2025. The only transitional exception applied to Section 21 notices served before 1st May 2026 where proceedings were already under way; the longstop date for those was 31st July 2026. All new possession claims against residential tenants in England must now proceed via Section 8 on a Schedule 2 ground.
What is the difference between a mandatory and a discretionary ground?
If the landlord proves a mandatory ground, the court must make a possession order. If the landlord proves a discretionary ground, the court must also be satisfied that it is reasonable to grant possession in all the circumstances of the case. Ground 8 (substantial rent arrears) is mandatory; Ground 10 (some arrears) and Ground 11 (persistent delay) are discretionary. Landlords who rely only on a discretionary ground bear an additional evidential burden and face the risk that the court declines to order possession even where the ground is made out.
What must a Section 8 notice contain?
A Section 8 notice must be in the prescribed form, state the ground or grounds relied on, and give the statutory notice period for each ground. If the notice does not correctly identify the grounds, misstates the tenancy details, or is not served in accordance with the tenancy agreement, it may be invalid and the claim will fail. We review every notice before proceedings are issued.
Can a possession claim be defended even where rent is owed?
Yes. Where the landlord is relying on a discretionary ground such as Ground 10 or Ground 11, the tenant can put forward mitigating circumstances for the court to weigh. Where the arrears arose because of a disrepair problem that the landlord failed to address, or because of a dispute about service charges, this is relevant to the court’s assessment of reasonableness. A defence of unlawful deductions or counterclaim for disrepair does not automatically defeat a possession claim, but it is a factor the court takes into account.
What happens if a possession order is suspended?
A suspended or postponed possession order remains in force but the landlord cannot enforce it provided the tenant complies with the conditions attached to the order, which are usually to pay the current rent plus a specified amount off the arrears each week or month. If the tenant breaches the conditions, the landlord can apply for a warrant of possession without a further full hearing. The tenant can apply to suspend the warrant if there are grounds to do so.
How long does a possession claim take?
The time from issuing a possession claim to the first hearing varies by court and by procedure. Standard possession claims are typically listed for a first hearing four to eight weeks after issue. In courts with significant backlogs, this may be longer. Accelerated possession procedure, where available, can be faster because no oral hearing is required at the first stage. We advise on the most appropriate procedure for each case and on realistic timescales.
What costs can be recovered in a possession claim?
In straightforward possession claims in the county court, costs are usually fixed by court rules rather than assessed at large. Where a claim is contested or involves additional applications, there may be scope to seek a greater costs order, particularly if the other party has behaved unreasonably. Tenancies that include a contractual costs clause may affect what the landlord can recover. We advise on the costs position before proceedings are issued.
How much does an initial consultation cost?
We offer a fixed-fee initial consultation for possession claim matters. At that meeting we review the tenancy documentation, assess the available grounds, advise on the strength of the claim or defence, and set out a clear costs estimate. Please contact us to arrange a convenient time.
Housing Law Team
Sikandar Ali Jatoi
Director, Solicitor AdvocateView Profile | ContactBook Appointment
Basit Jatoi
ParalegalView Profile | ContactBook Appointment
Khadija Faisal
Legal AssistantView Profile | ContactBook Appointment
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