City of London: 020 3443 9576
High Wycombe: 01494 451355
Marlow: 01628 958445
Our lawyers have many years’ experience helping private landlords obtain possession of their rental property.  We can advise upon the most appropriate method for obtaining possession based upon many factors and circumstances. 

Many landlords unsuccessfully try to obtain possession themselves.  Because this area of law is fairly complex a mistake can set you back months. That can mean months with no rental income.  The expertise that our lawyers provide can avoid unnecessary setbacks and delays, and as we are solicitors some of the fees can, in principle, be recovered from the tenant.  Therein lies the value in instructing one of our solicitors to deal with the possession procedure.

Our lawyers can assess your situation and advise as to whether your strategy should be to recover possession only or to also seek some additional remedy such as a county court judgment for rent arrears or damages.  We will then advise upon the most appropriate procedure based upon each individual landlord’s circumstances.   Those circumstances include:
  • Whether or not there is any fault on the part of the tenant
  • Whether the landlord is seeking to recover rental arrears
  • Whether the landlord has complied with his regulatory obligations (failure to do so can debar the landlord from using some of the methods).
*Note: The regulatory obligations include providing the tenant with certain information, protecting the deposit on an authorised scheme and serving energy performance and safety certificates.  Failure to comply with these obligations can leave a landlord unable to use the Section 21 procedure and will therefore have to prove one of the many Section 8 grounds most of which require there to have been some fault on the part of the tenant.

Once we have established the circumstances and the aims of the landlord there are 4 basic stages to follow, which are:
  • Preparation and service of a notice to end the tenancy agreement
  • Issuing possession proceedings at court
  • Obtaining a court order for possession
  • Instructing a bailiff to obtaining possession

Preparing the notice

Whichever possession method is to be used the first step will always involve the service of a notice.
The 2 main methods of possession are the Section 21 Procedure (no tenant fault) and the Section 8 procedure (tenant fault).  There are pros and cons to both.  There is also an accelerated version of the Section 21 procedure which is generally the quickest and cheapest method however there are certain conditions that must be met before that procedure can be used and a claim for rental arrears cannot be included.
The notice periods vary depending upon the procedure to be used and that is another factor our lawyers consider when advising a landlord on the best course of action as court proceedings cannot be commenced until the notice has expired.
Under the Section 21 procedure the notice period is always at least 2 months.  Under the Section 8 procedure the notice period can be as short as 14 days in the case of rent arrears.

Issuing possession proceedings

If the tenant does not leave the property after expiry of the notice, then we will issue a claim for possession in the local court, relying on the notice served. 

Order for possession

Once the claim has been issued the court will list the claim for a hearing and the tenant will have opportunity to raise any defence that they may feel that they have.   The hearing will usually be listed 4 – 8 weeks after the claim was issued.  In some cases our lawyers will need to assist the landlord with further evidence and a witness statement at some point between the commencement of the claim and the hearing, particularly if the tenant has raised some form of defence to the claim.
The exception to this is the ‘accelerated’ Section 21 procedure.  This does not require a hearing and the court will consider the claim on paper once the time limit for the defendant to reply has passed.  This makes it the quickest and cheapest method for those landlords for whom it is suitable and available.
Provided the court is satisfied on the evidence that all the necessary requirements are met it will make an order for possession, usually requiring the tenant to vacate the premises within 14 or 21 days.

Obtaining possession

If the tenants do not comply with the court order it will then become necessary to instruct bailiffs to attend the property and remove any persons present.  It will usually be a further 4-8 weeks to the bailiff’s appointment depending upon their workload.  It is advisable to arrange for a locksmith to also attend with the bailiff to change the locks. 

Rent arrears

It is worth noting that even if a landlord chooses not to include a claim for rent arrears with the possession claim (usually to speed the process up) a separate claim can still be made in the county court. 
Please contact us today for a free no obligation telephone discussion by calling us on one of the two telephone numbers referred to at the top of this page, or by email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Our Dispute Resolution Team


I had never instructed a solicitor before I approached Curzon Green, and I feel I was very lucky to have the support of Steven Organ. Throughout a challenging process, I was consistently impressed by and grateful for Steven’s prompt and efficient replies, his willingness to explain terms clearly, his professional but friendly manner, and his active engagement with my case. I could always rely on Steven to get back to me quickly with full and detailed advice, and when he was unable to do so, he ensured that partner Lee Silk would work on my behalf in his absence. Steven’s approach is pragmatic and open to the unpredictable possibilities of a legal negotiation; he struck a perfect balance between accepting my decisions and offering guidance. His willingness to set a cap on costs at each stage was also very much appreciated. I recommend him highly.

Dispute Resolution Client

Thank you for your great work recently.
Swift responses, good strategy, adept working and great results from poor starting positions.
Much appreciated.

Andrew, a client of Jessica Bass and Jessie Mark

Thanks for your great work on this, I really have enjoyed working with you. There are times when you hear my frustration, because I am not used to these sort of scenarios. However you give me comfort in knowing you are on my side, stay calm, we will get there!
Thank you for helping me get to this conclusion, hopefully it will go in the drawer and life will move on.

Outgoing director and shareholder

When looking for an employment lawyer, I cannot over recommend Curzon Green! From start to finish they were extremely professional and understanding with a human touch. Nothing was too much trouble, and with an eye on the detail, you definitely felt that they were fighting in your best interest. Everything was done promptly and accurately, which ultimately resulted in getting the outcome I wanted. A big big thank you to Curzon Green, and specifically to Jessica and Victoria for all their hard work.

Employment client

After the untimely death of my Aunt, Curzon Green firm helped me with all probate issues. During my period of grieving I felt very comfortable with my attorney Sukhi Bagha and her colleague Edward Richings. Upon retaining their services we did not know what to expect from attorneys in the UK since we live in the United States. However, they made a detailed itemized list of services and took us step by steps through the entire probate process. Curzon Green put my mind at ease and made me feel confident that they will secure my Aunt's Estate. Ms Bagha and Mr Richings were professional, had thorough knowledge of the UK probate process, and was able to successfully secure the estate. We would highly recommend Curzon Green.

Pauline Aleibar

I just wanted to say thank you for all your advice, support and expertise during the process.

Your calm, measured and objective approach really helped keep me calm and confident that I was making the right decisions.

No one wants their employment to end like this, but its nice to walk away on my own terms, with some security.

Employment Client of Jessica Bass

I was very happy with the quickness and professionalism of your services. I can only recommend you to anyone who needs employment legal advice.

Employment Law Client of Lauren McLaughlin

"You have helped me enormously in making me more aware of the law and my situation; for that a very big thank you. I will certainly recommend you to any of my friends who find themselves in a similar situation".

Family Law client

“Thanks [Sukhi Bagha] for enabling the sale to go through so quickly and so efficiently. Having bought and sold several properties in the UK, I can honestly say that you have proved to be the most effective conveyancing professional we've dealt with”.

Property Law clients

"From the start, the service I received from both Corinne and Jennifer was excellent. I always felt I was in very capable and professional hands. They negotiated an extension of the free rental period for my commercial lease by a month without being asked, which was very proactive and helped a lot. I will definitely be using Curzon Green again."

Local business owner

Thank you so very much for your help, advice and support through what has been a very unpleasant time. Knowing that you were ‘looking after us’, was an immense help.

My only regret is not contacting you sooner.

Independent local charity

You have been nothing short of amazing over the past 15 months. I would have never had the courage to pursue this were it not for your unending support, hard work, and conviction... You were the one who made it all happen.

Investment Banker claiming discrimination in the City

Jennifer Sole is the (wo)man for this job! Boutique firm based in London and she has helped a number of my friends. Very good and reliable.

Legal Counsel
Transport Infrastructure

She was absolutely excellent with the client and his supportive family and combined infectious enthusiasm for the case with strategic good sense and judgment well beyond her years post qualification.

Leading Employment QC

We will always use you from now on for employment issues.

Managing Director
Recruitment Marketing and Website Design Company

No thanks required [for recommending a new client]. I only recommend you because you're good. Lunch, soon?

Managing Director
Fashion and Luxury Retail Recruitment Business

Not only have you provided first class professional advice to me but at the same time you have added the human touch and have been so caring and understanding. This made such an enormous difference and helped me through very difficult times. Once again a big thank you and it has been a pleasure being a client.

Executive Director and Shareholder
FTSE 100 company

You have been fab!

Vice President, UK & Europe
Household Name Restaurant

Thanks, as always for your sound timely advice.

Senior Legal Counsel
US Company

I came to Rob Green having suffered a serious permanent spinal injury. This injury arose from circumstances where I had to make a claim for damages against a driver who had caused a car accident, the medical specialists who treated me and also a personal accident insurer (which was refusing to pay out on a life assurance policy).

Martin Scrivener
Former Car Mechanic

As a first time buyer I did not have a clue about the conveyancing process. My sister recommended me to Curzon Green Solicitors. Curzon Green acted as my solicitors for the purchase. They understood that I knew nothing about buying houses and so they talked and walked me step-by-step through the process.

Miss Bradley
Head of Girls' P.E. at Chesham Grammar School

From the start of my search for legal advice Curzon Green stood out from the competition. Their approach was fresh, open, jargon-free and without initial charges for the initial exploratory conversation. I was looking for a different, collaborative means to sort my divorce, and Curzon Green were well-qualified and experienced. Having engaged his services, he first explained the outline of the law in this area, and provided a clear structure of how to go forward to engage with my wife and her solicitor.

Mr F, High Wycombe

Curzon Green is a relatively new company but ECS has the confidence to say that they will have a long and prosperous future, if they continue to provide to their clients the same level of service that ECS has received.

Mick Whyte
ECS Groundwork Limited – Watford
Recommended by The Legal 500 - The Clients' Guide to Law Firms  Family Law - Solicitors High Wycombe   Collobrative Law - Curzon Green Solicitors   Law society   SRA      PNLA

        Family Law - Curzon Green Solicitors