Residential landlord and tenant disputes

This depends on the circumstances of your case – for example, whether you are simply seeking possession of the property or whether there has also been a breach of the tenancy conditions.

If the tenant does not leave the property by the date set out in the possession order, you may need to take enforcement action. This usually involves applying for a county court bailiff appointment to secure vacant possession.

In some cases, disputes can be resolved through negotiation or mediation. These options can be quicker and more cost‑effective than court proceedings and may help preserve a more constructive landlord–tenant relationship.

It is sensible to first establish whether there is a temporary issue, such as a delay in benefit payments. If rent arrears continue to build up, you may be able to serve a Section 8 Notice for breach of the tenancy agreement. The timing will depend on the level of arrears and the law in force at the relevant time. We can advise you on when and how to take the next steps safely.

This will depend on your property portfolio and your existing tenancy arrangements. Our team can advise you on how the Renters Rights Act may affect you in practice and what steps you should take to prepare.

From 1 May 2026, all Assured Shorthold Tenancies will transition to Assured Tenancies under the Renters Rights Act. Tenancy agreements will need to comply with the new requirements, which include provisions around non‑discrimination (including for tenants in receipt of benefits), annual rent increases, the removal of fixed terms, and changes to the notice periods for both landlords and tenants.

Whether your existing agreements are compliant will depend on their current wording. We recommend having your tenancy documentation reviewed to ensure it meets the new legal requirements and protects your position.

This will depend on the timing and circumstances of your case. 27 April 2026 is the last date on which a Section 21 Notice can be served by first‑class post. Where possible, hand delivery is recommended to avoid service issues.

From 1 May 2026, landlords will no longer be able to serve Section 21 Notices and possession will need to be sought using a Section 8 Notice instead. We can advise you on the most appropriate route and ensure any notice is served correctly.

The timeframe will depend on the type of claim and the court dealing with it. An accelerated possession claim typically takes around 16 to 20 weeks, while a full possession claim may take approximately 3 to 5 months. Timescales can vary depending on court workloads, and many county courts currently have backlogs of several weeks when processing correspondence.

Before serving a Section 21 Notice, the landlord must have provided the tenant with a valid “How to Rent” guide, a current Energy Performance Certificate (EPC), and Gas Safety Certificates covering the life of the tenancy. Where a deposit has been taken, the Deposit Certificate and Prescribed Information must also have been served correctly. In addition, any outstanding repair issues should be addressed before the notice is served.

Yes, if a tenant raises a valid disrepair allegation or presents a technical defence to the claim, this can delay a possession case. In all instances, the court will require these issues to be resolved before it will consider granting possession.

If the tenant files a defence, the court will consider it and provide you with a copy. As the landlord, you will be required to respond to the allegations, usually by providing supporting documentary evidence. We can advise you on the best way to deal with this and protect your position.

An accelerated possession claim is usually dealt with by the court “on the papers”, without a hearing. The judge considers the documents submitted by both the landlord and the tenant. If the paperwork is in order, the court may grant possession and order repayment of the court fee. If there are issues or disputes, the court may list the matter for a hearing.

The overall cost will depend on whether you pursue an accelerated possession claim or a full possession claim. The court fee to issue a possession claim is currently £404 (no VAT). If enforcement is required, the county court bailiff fee is £148 (no VAT). Legal fees will vary depending on the complexity of the case.

While it is not compulsory to use a solicitor, many Section 21 Notices fail due to technical errors. We recommend taking legal advice to ensure the notice is valid and served correctly, unless you are confident in navigating the requirements yourself.