Obtaining possession of a secure tenancy
Produced in partnership with Karl King of Harwicke Chambers
Obtaining possession of a secure tenancy

The following Local Government guidance note Produced in partnership with Karl King of Harwicke Chambers provides comprehensive and up to date legal information covering:

  • Obtaining possession of a secure tenancy
  • Obtaining possession
  • Fixed-term tenancy
  • Periodic tenancy
  • Flexible tenancy
  • Notice of Seeking Possession (NSP)
  • Grounds for possession
  • Reasonableness
  • Suitable alternative accommodation
  • The court’s options
  • more

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:

  1. claims for possession brought under CPR Part 55 (including appeals and proceedings to enforce an order for possession by a warrant or writ of possession)

  2. forfeiture of business leases on the grounds of non-payment of rent

  3. a landlord's right to exercise Commercial Rent Arrears Recovery (CRAR) and enforcement agents taking control of goods

  4. service of various notices to recover possession of residential properties

  5. practice and procedure in the First-tier Tribunal (Property Chamber) and Upper Tribunal (Lands Chamber)

  6. insolvency legislation of both a permanent and temporary nature

For further information and guidance, see: Coronavirus Act 2020—restrictions on forfeiture, protection from eviction etc and Practice Note: Coronavirus (COVID-19)—implications for property.

This Practice Note explains that under the Housing Act 1985 (HA 1985) a landlord seeking to obtain possession of a property let on a secure tenancy must obtain a court order, and that the method differs depending on whether the tenancy is fixed-term, periodic or flexible. It sets out the rules relating to the Notice of Seeking Possession (NSP) that must be served on the tenant and the grounds for possession.

Obtaining possession

There are various ways that a secure tenancy can be ended, and the landlord obtain possession. A secure tenant can