Residential Possession

 

Our specialist possession team provide commercial, pragmatic and strategic advice tailored to meet your needs and objectives.

Lead Contacts

Lee Pearce

Lee Pearce

Partner, Legal Executive & Head of Dispute Resolution

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Sam Cook

Partner, Solicitor

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What is Residential Possession?

Residential possession is the process of recovering possession of a property that is rented under a tenancy agreement from a Tenant, on behalf of a Landlord.

Landlords may wish to recover possession of a property where the Tenant has breached the tenancy agreement – such as a failure to pay rent or damage/deterioration of the Property – or simply where the Landlord wishes to stop renting the Property, but cannot agree a surrender of the tenancy with the Tenant.

When recovering possession of a rented property you need a team who are experts in dealing with residential possession matters and who will act in a responsive and efficient way for you.

If you are looking to recover possession of one of your properties, please contact one of our experts. We can work with your letting agent and provide advice as to how best to recover possession of your property. We will identify any legal issues that could arise at the time as well as those which could become apparent further down the line. Our specialist possession team will guide you at all stages including, if necessary, through the Court system.

Areas of Specialism

Our Property Litigation experts have extensive experience in residential possession matters which will ensure that you are fully advised on how you may best recover possession of your property in a way that is the most advantageous to you, including: –

  • Section 8 notices on all grounds under the Housing Act 1988, as amended;
  • Section 21 notices under the Housing Act 1988, as amended;
  • Issuing claims at Court to commence possession proceedings using the ordinary and accelerated routes;
  • Advising of potential counterclaims or defences that are submitted;
  • Executing Warrants of Possession to evict a tenant by way of a bailiff;
  • Preparation of Abandonment and Torts notices;
  • Obtaining money judgments for arrears of rent; and
  • Enforcing a money judgment for arrears of rent.

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INSIGHTS

Insights

10th November 2025

The Renters’ Rights Act 2025 – The Rundown

The long anticipated Renters’ Rights Act 2025 received Royal Assent on 27 October 2025 and is now available to view

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17th October 2025

Sidhu v Cassell – Can a Defective Gas Safety Certificate Be Cured?

The case of Sidhu v Cassell was recently heard at the County Court on appeal. The case of Sidhu addressed

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14th October 2025

Changing Deposit Schemes – Are You Compliant?

Ameera Macintyre v Cowdray Trust Limited and Rathbones Trust Company Limited (2025) EWCC 54 The Law When a landlord takes

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If you have any enquiries please fill out this contact form. You can contact your lawyer individually from ‘Our People’ using the link below.

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