Housing & Property Law

Eviction & Possession Solicitors — Defending Tenants & Advising Landlords

Whether you have received a Section 21 or Section 8 notice, or you are a landlord seeking possession, a specialist solicitor can advise on whether the notice is valid, what defences are available, and how to navigate the court possession process. Unlawful eviction is a criminal offence.

Section 21 & Section 8 advice Emergency injunctions available Landlord possession claims Free initial consultation

⚠ Act immediately if you have received a possession notice. Section 21 and Section 8 notices have specific timescales — once they expire, a landlord can apply to court. If you have a court hearing date, you must respond by the deadline stated. Get advice now — defective notices can be challenged.

Section 21 — No-Fault Eviction

Section 21 of the Housing Act 1988 allows landlords to recover possession of an assured shorthold tenancy without needing to establish fault by the tenant. However, a valid s.21 notice must comply with strict requirements:

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Form 6A

For tenancies beginning on or after 1 October 2015, the landlord must use the prescribed Form 6A. An incorrect form makes the notice invalid.

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Minimum 2 months' notice

The notice must give at least 2 months' written notice. It cannot expire before the end of any fixed term.

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Deposit must be protected

A s.21 notice is invalid if the deposit was not protected or if prescribed information was not provided. It is also invalid if any prohibited payment (Tenant Fees Act 2019) remains unrepaid.

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Gas safety & EPC

The landlord must have provided a valid gas safety certificate (if applicable) and an Energy Performance Certificate before the tenancy began — or the s.21 notice may be invalid.

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How to Rent guide

The government's "How to Rent" guide must have been given to the tenant at the start of the tenancy (or most recent version on renewal). Failure to provide it invalidates the s.21 notice.

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6-month validity

A s.21 notice is only valid for 6 months from the date of service (or 4 months from the earliest date of expiry). If proceedings are not issued within this window, a fresh notice is required.

Section 8 — Fault-Based Eviction

Section 8 of the Housing Act 1988 allows landlords to seek possession on one or more grounds set out in Schedule 2. The most commonly used grounds are:

  • Ground 8 (mandatory) — at least 2 months' unpaid rent both at the date of the notice and at the hearing. Courts must grant possession if this ground is made out.
  • Ground 10 (discretionary) — some rent arrears (less than 2 months). Court has discretion to refuse or adjourn.
  • Ground 11 (discretionary) — persistent delay in paying rent, even if no arrears at the hearing.
  • Ground 12 (discretionary) — breach of any other tenancy obligation (e.g. subletting without consent, causing nuisance).
  • Ground 14 (discretionary) — nuisance, annoyance, or conviction for housing-related offences.

Section 8 notices must state the specific grounds and give the appropriate notice period (2 weeks for most grounds, immediately for Ground 14). Courts will scrutinise whether the stated grounds are made out and whether it is reasonable to grant possession.

Unlawful Eviction — Your Rights Are Strong

Under the Protection from Eviction Act 1977, it is a criminal offence for a landlord or their agent to:

  • Change the locks, remove belongings, or otherwise physically exclude a tenant without a court order
  • Harass a tenant with the intention of causing them to give up occupation — including cutting off utilities, threatening behaviour, or persistent disturbance

If you have been unlawfully evicted or are being harassed:

  • You can apply to court for an emergency injunction to be re-admitted — often granted the same day
  • You are entitled to civil damages for loss of your home, distress, and inconvenience
  • The local authority's housing enforcement team can prosecute the landlord and impose an unlimited fine

The Possession Claim Process

  1. 1
    Notice served

    Landlord serves a valid s.21 or s.8 notice. Tenant should immediately check its validity — incorrect form, missing documents, or outstanding prohibited payments can render it void.

  2. 2
    Possession claim issued

    If the tenant does not leave voluntarily, the landlord issues a possession claim (N5 or N5B for accelerated possession). The tenant receives the claim and has 14 days to file a defence.

  3. 3
    Court hearing

    For s.8 claims (and defended accelerated claims), a hearing is listed. A solicitor can argue defects in the notice, raise counterclaims (e.g. disrepair), or negotiate a stay of possession to give the tenant time to find alternative accommodation.

  4. 4
    Possession order & warrant

    If possession is granted, the court sets a date by which the tenant must leave — typically 14–28 days (or up to 6 weeks in cases of hardship). If the tenant remains, the landlord can apply for a warrant of possession, executed by the court bailiff.

Frequently Asked Questions

Can I challenge a Section 21 notice?

Yes. A Section 21 notice can be invalid if: the wrong form was used; the deposit was not protected or prescribed information not given; a prohibited fee was charged and not repaid; the gas safety certificate or EPC was not provided before the tenancy; or the How to Rent guide was not given. If the notice is defective, the landlord must serve a fresh, valid notice — giving you more time.

What happens at a possession hearing?

For accelerated possession (s.21), the judge usually deals with it on the papers without a hearing if there is no defence. For s.8 or where there is a defence, there will be a hearing. You can raise defences (defective notice, counterclaim for disrepair, human rights arguments), negotiate a stay, or present evidence of the landlord's breach. Legal representation significantly improves your chances of a suspension or adjournment.

My landlord has changed the locks. What can I do right now?

Contact a solicitor or housing charity immediately — this is an unlawful eviction and a criminal offence. You can apply to court for an emergency injunction (without notice to the landlord if necessary) requiring them to re-admit you. Courts can hear such applications urgently, often the same day. You can also report the landlord to the police and the local authority's private sector housing team.

Can I stay in the property after a possession order?

If the court grants a possession order, it will give you a date by which to leave — typically 14 days, or up to 42 days in cases of exceptional hardship. If you remain after that date, the landlord can apply for a bailiff's warrant. You can apply to suspend the warrant on hardship grounds, but the court has limited discretion. The time to act is before the hearing, not after the warrant is issued.

How It Works

One clear request. An eviction solicitor contacts you.

Section 21 and Section 8 notices can be challenged — but time is short. Submit your request and a specialist will review your notice, identify any defects, and advise on your options immediately.

Submit Your Request
1

Tell us about the notice

Tell us what notice you have received (or served), the date, and any court hearing dates — urgency is prioritised.

2

Request is reviewed

We match you with a specialist eviction and possession solicitor, usually within hours of your request.

3

Solicitor contacts you

They review the notice for defects, advise on defences or the possession process, and explain your options free of charge.

Act Before the Deadline

Received an eviction notice? Challenge it before it's too late.

Many Section 21 and Section 8 notices are defective and can be challenged. Get free initial advice from an eviction specialist today — before court proceedings are issued.

Submit Your Request

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