Notice seeking possession: Your complete guide

Summary

Dealing with tenancy disputes can be stressful, especially when it involves reclaiming a property. A notice seeking possession is a formal step landlords take to start the process of regaining control of their property. In this guide, we break down what a notice of possession is, when it’s used, and what happens next. A notice seeking possession (also called a notice of possession) is a legal document a landlord sends to a tenant to inform them that they want to take back the property. It explains why the landlord is seeking possession and gives the tenant a set amount of time to either leave the property or fix the issue, such as paying overdue rent. This notice must be served before the landlord can apply to court for a possession order. 💡Editor's insight: "You'll see the terms 'notice seeking possession', a 'notice of seeking possession' and 'notice for possession' thrown around - these all largely mean the same thing. The name is derived from the official forms used, for example 'Form 3: notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy'." A notice seeking possession is used when landlords want to reclaim their property due.

Key information

• The end of a fixed-term tenancy under Section 21 (for assured shorthold tenancies)
• After the fixed term ends: A Section 21 notice can be served once the initial tenancy term has expired unless a break clause allows earlier termination.
• Compliance with legal requirements: Before serving a Section 21 notice, the landlord must have complied with several obligations, including providing an energy performance certificate (EPC), a gas safety certificate, and the government’s 'How to Rent' guide.
• Ground 8: Persistent rent arrears, typically requiring at least two months’ unpaid rent.
• Ground 12: Breach of other tenancy terms, such as causing damage to the property.
• Ground 14: Anti-social behaviour or causing a nuisance to neighbours.
• Form 6A: Used for Section 21 notices in England. It provides standardised wording and requirements.
• Form 3: Used for Section 8 notices, detailing the specific grounds for possession.
• For Section 21 notices, the notice period is usually two months.
• For Section 8 notices, it may be shorter or longer, depending on the grounds cited.
• Accelerated possession procedure: In Section 21 cases where there are no disputes over rent arrears or other breaches, landlords may use the faster, accelerated possession process. This avoids a court hearing.
• Standard possession procedure: In Section 8 cases or contested Section 21 cases, a full hearing is required.

Practical guidance

• Source: Notice seeking possession: Your complete guide

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• How long does a possession order take?
• How long does it take to evict a tenant? Guide for landlords