Applying to Court for Possession - Standard Procedure

As soon as the relevant notice period expires, it is possible for the landlord to apply to the court in person or to instruct a solicitor.

Only the landlord or their solicitor can sign the court papers. The court rejects possession claims commonly because a letting agent signs them. A letting agent can help the landlord draft the paperwork, but they cannot sign on the landlord's behalf, and they do not have a right to represent the landlord in court in the landlord's absence. A landlord absent from the UK must instruct a solicitor to commence legal action if they wish to be represented in their absence.

If the grounds relate only to rent arrears and nothing else, an application to the court can be made online for a cheaper fee at Possession Claim Online.

Alternatively, forms N5 and N119 can be completed and sent to the court nearest the dwelling location. These forms are typically used for breach of contract or anti-social behaviour but can be used for any grounds.

Accelerated possession covered in the next section is typically used when a section 173 (six months' notice) has been given, but the standard procedure can be used.

After proceedings have been issued at court, there is usually a waiting period of at least a month for a court hearing. The contract holder is not required to vacate the property until a court order requires them to (although they will sometimes leave during this period). If a landlord attempts to evict a tenant before the court order is made, they will likely commit a criminal (and imprisonable) offence.

If the court orders possession, the contract holder must leave on the date specified in the court order, called an absolute possession order.

Suppose the court makes a suspended possession order, and the tenant breaches its conditions. In that case, the landlord may apply for an absolute possession order or warrant for possession, depending on the terms of the suspended order. If the landlord intends to use a warrant after a suspended order, permission from the court is required first. The tenant will often apply to the court for a 'stay of execution'. This may be granted if the contract-holder can present sufficient evidence of their willingness and capability to comply with the original or revised terms of the order or that something has occurred that has led to the tenant being unable to comply with the original terms. This may have been caused because the tenant had not obtained advice before the previous hearing.