Possession FAQs 5

Possession FAQs

1. My tenancy is coming to an end, what do I need to do?

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?

If the landlord has served a valid notice requiring possession of the property, and the tenant has failed to leave by the expiry of this notice, the landlord can apply for a possession order to end the tenancy and give him the legal right to possession of his property.

If the tenant still refuses to leave after the court grants an enforceable possession order (giving the tenant 14-28 days to vacate the property), the landlord must apply for a bailiffs warrant. Only bailiffs can enforce a court possession order and physically evict the tenant(s).

Applying for a possession order can be done at the county court or online. The landlord has two options:

- accelerated possession procedure

  see question 6 below for more details

- standard possession procedure

See the Letting Centre’s Rent Arrears and Possession Pack for more information.

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?