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Legal service

Eviction Solicitors

Whether you need to recover a property or have been asked to leave your home, the first question is which possession process applies. Highfin's eviction service includes advice for landlords and tenants. This overview helps you identify the stage reached and choose the relevant guidance before taking the next step.

Enquire about Eviction ServicesExplore this page
Terraced residential homes with a To Let sign and front gardens.
  • Different priorities for landlords and tenants
  • Notice, claim, order and enforcement
  • Which English rules apply?
  • Possession in Wales
  • Evidence and possible resolution
  • Official guidance
  • Fees and next steps
  • Questions
  • Related services

Eviction Services

Understanding the possession process

Discuss your Eviction Services enquiry

Sources checked on 12 October 2026. This general information does not assess your individual circumstances.

Different priorities for landlords and tenants

A landlord needs to establish a lawful basis for possession and evidence that the required steps have been taken. A tenant needs to understand the notice or claim, identify any grounds for challenge and consider practical options.

These are opposing interests in a dispute. An enquiry should identify the parties so that Highfin can assess whether it can act. This page does not suggest that the firm will represent both sides of the same disagreement.

  • Landlord possession guidance
  • Tenant eviction defence

Notice, claim, order and enforcement

For an ordinary rented-home possession case, the process usually begins with a notice. If the occupier remains, the landlord may need a court claim. A possession order decides entitlement and when possession should be given; enforcement is a further step if the order is not complied with.

Do not confuse these stages. A notice is not a bailiff's appointment, and its expiry does not by itself authorise a landlord to change the locks. Some forms of occupation have different protections, so the occupier's legal status must be checked.

  • GOV.UK: possession after 1 May 2026
  • Civil Procedure Rules Part 55: possession claims
  • When eviction may be unlawful

Which English rules apply?

Since 1 May 2026, possession of English private assured tenancies normally requires a Section 8 ground rather than a new Section 21 notice. Grounds and conditions differ, so a generic notice period is not a safe guide.

A claim relying on a notice served before that date may fall within statutory savings. Ordinary deadlines for starting those claims have passed by this guidance date, but timely proceedings can continue and some arrears cases have breathing-space extensions. The notice, service history and court record need to be read together.

Social housing assured tenancies were excluded from that May commencement. Do not apply the private-sector reform timetable to council secure tenancies or assume every housing-association tenancy follows one route.

  • Commencement and saving provisions: SI 2026/421
  • Renters' Rights Act: existing tenancies and proceedings
  • Grounds and transitional cases in more detail

Possession in Wales

Welsh rented homes generally use the Renting Homes occupation-contract framework. The type of contract and the statutory reason for possession determine the notice and court route; Section 21 and the new English Section 8 process are not substitutes.

An ordinary Section 173 notice for a relevant periodic standard contract generally requires six months. Exceptions and restrictions apply, and other possession grounds have different periods. Obtain advice on the actual contract instead of importing an English template.

  • Welsh Government: possession of occupation-contract homes
  • Renting Homes (Wales) Act: section 174 notice period

Evidence and possible resolution

Bring the agreement, notices, payment records and any court orders. Explain what is disputed and what you want to achieve. If possession relates to arrears, distinguish a proposal for repayment from an agreement about ending occupation.

Negotiation may help, but it does not automatically pause proceedings or alter a court deadline. Record any agreement carefully and clarify what happens to an existing claim. Ask Highfin to assess the available work and charges; no outcome or completion date is guaranteed.

  • Rent arrears and recovery
  • Resolving landlord and tenant disputes
  • Contact and enquiry arrangements

Official guidance

  • GOV.UK: possession after 1 May 2026
  • Commencement and saving provisions: SI 2026/421
  • Renters' Rights Act: existing tenancies and proceedings
  • GOV.UK: notices served before 1 May 2026
  • GOV.UK: social housing implementation
  • Civil Procedure Rules Part 55: possession claims
  • Welsh Government: possession of occupation-contract homes
  • Renting Homes (Wales) Act: section 174 notice period

Planning your next step

Fees and next steps

View enquiry arrangements
Identify the stage
State whether there is only a notice, an issued claim, an order or an enforcement date. Each calls for a different assessment.
Agree the instruction
Confirm whether advice, correspondence or court work is sought and obtain terms and charges.

Frequently asked questions

Your questions

Does receiving an eviction notice mean the case has gone to court?

No. A notice and a claim are different documents. Check whether court papers have also been served and identify any response deadline.

Is accelerated possession a shortcut for every landlord?

No. It is a restricted procedure, not an alternative to proving a new Section 8 case. Saved English Section 21 claims and Welsh procedures need separate eligibility checks.

Can negotiation continue once a claim starts?

It may, but the claim and its deadlines continue unless appropriately dealt with. A discussion or proposed payment plan is not itself a court order.

Should a landlord and tenant use the same advice?

Their interests and available steps differ. Use the landlord or tenant guidance and obtain advice directed to your own position.

Can I use the English guidance for a property in Wales?

Not as a substitute for Welsh advice. Occupation-contract rules and the relevant possession procedure must be checked.

Explore further

Related practice areas

  • Landlord EvictionExplore service
  • Tenant Eviction DefenceExplore service
  • Rent ArrearsExplore service
  • Unlawful EvictionExplore service

Your next step · Eviction Services

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Enquire about Eviction Services using the Contact page enquiry section.

Use the enquiry form or our telephone or email contact details.

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