Resources

At BJK-CONSULTANCY, we understand the challenges of navigating the complex world of housing, welfare benefits and civil dispute resolution. That's why we have compiled a range of helpful resources to provide you with the information and support you need.

After Section 21: What the New Housing Law Means for Renters and Landlords

The end of section 21 “no-fault” evictions marks one of the most significant changes to housing law in a generation. For years, landlords of assured shorthold tenancies have been able to recover possession under Housing Act 1988, s 21, without having to prove any wrongdoing by the tenant. The new regime moves away from that model and towards a system based on statutory grounds for possession, closer in substance to the fault-based framework in Housing Act 1988, s 8.

The policy aim is clear: to give tenants greater security in their homes. Under the old system, a tenant could receive notice even where they had done nothing wrong, which many argued discouraged complaints about disrepair, damp, harassment, or unsafe conditions. By removing section 21, the law is intended to reduce retaliatory eviction and make it safer for renters to enforce their rights.

For landlords, the change does not mean the end of possession rights. It means those rights must now be exercised in a more structured way. A landlord who wants possession will need to rely on a recognised statutory ground and prove the facts supporting it. That may include situations where the landlord wishes to occupy the property, redevelop it, or where the tenant has breached the tenancy. The practical consequence is that possession claims are likely to become more evidence-heavy and, in some cases, more contested.

The central shift is from a discretionary model to a reasons-based one: landlords will still be able to regain possession, but only where the law allows it and the facts support it.

The reforms also reflect a broader change in the way renting is understood. Rather than treating private renting as a short-term arrangement that can be ended at will, the law is increasingly recognising it as a long-term housing option. That has implications not only for eviction, but also for standards, compliance, and the balance of power between landlords and tenants.

There are, however, trade-offs. Tenants should benefit from greater stability, but landlords will face stricter procedural requirements and less flexibility. Mistakes in notice, reliance on the wrong ground, or weak documentary evidence may all prove fatal to a possession claim. As a result, the new regime is likely to increase the importance of careful drafting, record-keeping, and legal compliance.

In short, the end of section 21 represents a decisive move away from “eviction without explanation” and towards a system where possession must be justified. For tenants, that means improved security. For landlords, it means a more regulated but more predictable framework for recovery of possession.

Defending Possession Proceedings

Defending possession proceedings is usually about identifying the legal basis of the claim, testing whether the landlord has complied with the statutory and procedural requirements, and raising any factual or public law issues that prevent possession being made out. In many cases, the strongest defence is not that the landlord can never recover possession, but that the claim has not been properly pleaded, served, or proved.

A possession claim will normally be brought under either the fault-based grounds in Housing Act 1988, s 8 or, where still applicable, the notice-based route under Housing Act 1988, s 21; however, the law is now moving away from section 21 in the private rented sector. Even before any hearing, a tenant should check whether the notice is valid, whether the correct form was used, whether the notice period was complied with, and whether any prescribed requirements were met. Procedural defects can defeat the claim or require it to be restarted.

At the hearing, the tenant can challenge the landlord’s evidence on the ground relied on. If the claim depends on rent arrears, the court will expect clear evidence of the arrears figure, payments received, and any dispute about housing benefit or universal credit. If the claim is based on breach of tenancy, the landlord must prove the breach and, where relevant, that it justifies possession. In discretionary grounds cases, the tenant can also argue that it would be unreasonable to make a possession order even if the ground is made out.

A possession defence is often won or lost on detail: notice, service, evidence, and whether the landlord has proved the right ground in the right way.

Tenants may also rely on wider protections, including disrepair, retaliatory conduct, Equality Act issues, and human rights arguments where relevant. In local authority and housing association cases, public law and allocation issues may also arise. In every case, the court will expect the defence to be supported by evidence, not just general complaint.

In short, defending possession proceedings requires a close analysis of the notice, the ground, the evidence, and any countervailing legal protections. The key question is not simply whether the landlord wants possession, but whether the law entitles them to it.

If you want, I can also turn this into a more polished one-page article with a more academic tone, or tailor it specifically to private rented sector evictions after section 21.

Evicting Tenants in the UK When the Landlord Resides Overseas

A landlord who lives overseas can still bring possession proceedings in England and Wales, but the case usually turns on two separate questions: whether the landlord has a valid ground for possession, and whether the claim has been served correctly. In practice, the biggest procedural risk is not the landlord’s overseas residence itself, but compliance with the service rules in CPR Part 6.¹

1. The landlord can still seek possession

If the tenancy is an assured tenancy, the landlord must rely on the statutory possession framework in Housing Act 1988 and, where relevant, serve the required notice before issuing proceedings.² For assured tenancies, the court will not entertain possession proceedings unless the tenant has been served with a notice in accordance with Housing Act 1988, s 8, or the court dispenses with that requirement as just and equitable.²

The fact that the landlord lives abroad does not remove the right to seek possession, but it can affect how notices and court documents must be served.¹

2. Service is the critical issue

Under CPR Part 6, documents are generally to be served within the jurisdiction, but the rules make specific provision for service out of the jurisdiction.¹ Where a claim form must be served overseas, the claimant must use a method permitted by the law of the country where service is to be effected, or a method permitted by the relevant convention or CPR procedure.¹

The rules also distinguish between service of the claim form and service of other documents. If permission is required to serve the claim form out of the jurisdiction, the claimant will usually need permission for other documents as well, unless the claim form states that particulars of claim are to follow and the court has already granted permission for service of the claim form abroad.¹

3. Practical points for overseas landlords

An overseas landlord should take particular care with:

• the tenancy type and the correct possession route;
• the notice requirements under the Housing Act 1988;
• the defendant’s address for service and any overseas service requirements;
• the method of service, especially where service must be effected outside England and Wales; and
• proof of service, because the court may require evidence that the claim form was duly served before allowing the claim to proceed.¹²

If the landlord is using an agent in England and Wales, that may simplify service arrangements in some cases, but it does not remove the need to comply with the statutory and CPR requirements applicable to the claim.¹

4. Bottom line

An overseas landlord is not barred from evicting a tenant in the UK, but the process is more technical. The landlord must identify the correct possession ground, serve the required notice under Housing Act 1988, and comply strictly with the service rules in CPR Part 6, particularly where the claim form must be served outside the jurisdiction.¹

Frequently Asked Questions

What is the court process.

Key Insights

• A possession order is not the same as eviction: the order gives you the legal right to regain your property - physical eviction by bailiffs is a separate, subsequent step.
• Section 21 has been abolished: from 1 May 2026, all possession claims must be ground-based under Section 8. The accelerated possession procedure (previously used for Section 21 claims) is no longer available for new claims.
• Paperwork errors reset the clock: mistakes on the claim form, incorrect service, or missing documents are among the most common causes of delays - and they can cost you weeks or months.
• Timelines are longer than many landlords expect: current court backlogs mean landlords in England & Wales should realistically allow several months from issuing a claim to physical possession.
• Outright and suspended orders are different: an outright order sets a date by which the tenant must leave; a suspended order sets conditions. Know which applies before you plan next steps.

How to get possession order: step-by-step court process

Step 1: Issue the claim

File the possession claim (via PCOL or paper Form N5) with the court fee (£404). Include your rent schedule, tenancy agreement, and proof that the Section 8 notice was correctly served and the notice period has expired.

Step 2: Claim is served on the tenant

The court will serve the claim on the tenant (or you may be required to serve it yourself, depending on the procedure). The tenant has an opportunity to file a defence.

Step 3: Hearing listed

A hearing date is set - typically 4–8 weeks after the claim is filed, though court backlogs mean actual listing times vary by area. London courts in particular are currently experiencing significant delays.

Step 4: Attend the hearing

Both parties attend. Bring all evidence: tenancy agreement, rent schedule, bank statements, copy of the served notice with proof of service, and any correspondence with the tenant. For mandatory Ground 8 claims, if arrears of three or more months are proven at both the notice date and hearing date, the judge must grant possession.

Step 5: Order made

If possession is granted, the court issues a possession order specifying the date by which the tenant must vacate (typically 14–28 days). Where rent arrears are involved, the court may also make a money judgment for the outstanding sum at the same hearing, subject to evidence.

Step 6: Tenant vacates (or warrant applied for)

If the tenant leaves voluntarily by the date in the order, the process is complete. If not, you must apply for a warrant of possession (see below).

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