Possession FAQs 1

Possession FAQs

1. My tenancy is coming to an end and I would like possession of the property, what do I need to do?

For an assured or assured shorthold tenancy:

If there are no rent arrears or breaches of contract, use the Section 21 Route. This requires giving the tenant
at least two months’ notice. If it is a fixed term tenancy the notice must expire after the last day of the fixed
term. If it is a periodic tenancy, the notice must expire on the last day of a period.

See Factsheet 21 for more detailed information on this route.
 
If the tenant has breached the terms of the tenancy agreement and you want to obtain possession before the end of the fixed term, the Section 8 Route is available. However, this can take 3-5 months, so if the tenancy is almost at its end, the Section 21 route is often simpler and quicker.
 
See Factsheet 8 for more detailed information on the section 8 route.
 
For Common Law tenancies, a different set of notice requirements apply, such as the service of a Notice to Quit.
 
To find out more about possession actions, have a look at our Possession Pack, which explains all you need to
know to get you through the possession procedure.

 

2. How much will getting possession of my property cost?

3. How long does the possession process take?

4. What do I do if there are rent arrears?

5. What if the tenant refuses to leave?

6. When can the accelerated possession procedure be used?

7. Can I get possession of my property back before the fixed term ends?

8. What is the difference between Section 21 and Section 8 notices?