Residential Possession Proceedings – Standard Procedure
The guidance notes and template documents below are designed to help residential landlords and their professional advisers to recover possession of premises that have been let on an assured shorthold tenancy (AST).
This subfolder contains Guidance Notes explaining the “Standard” (fault-based) Procedure for Possession under Section 8 of the Housing Act 1988. The procedure requires the landlord to take various steps starting with service of a Section 8 Notice stating the landlord’s grounds for possession. The landlord may then need to bring a court claim if the tenant does not vacate willingly and may subsequently need to take enforcement action if the tenant remains in occupation after the court has made an order for possession.
If the contractual term of the tenancy has come to an end the landlord may be able to serve a Section 21 Notice and use the accelerated procedure for possession. Please refer to our Accelerated Possession Proceedings documents for further information.
Due to Coronavirus (Covid-19), both England and Wales have extended their temporary eviction bans prohibiting Enforcement Action from being taken unless certain exemptions apply. (England's eviction ban has been extended to 31 May 2021 and Wales' eviction ban until 30 June 2021). The exemptions differ for Wales and England.
It may take longer than usual to evict tenants due to national restrictions being imposed.
The courts have introduced temporary arrangements to assist with possession proceedings during these unprecedented times. See our Guidance Notes: Possession Procedure for Rent Arrears (Section 8 of the Housing Act 1988).
The documents needed at each stage of the process are included in this subfolder. The Notices, Court Forms and covering Letters are professionally drafted and are accompanied by explanatory notes.
These Residential Possession Proceedings – Standard Procedure documents are part of the Property Documents Folder. Just £35.00 + VAT will provide you with 1 year's unlimited access to download all/any documents from the Property Folder.