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

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 end the tenancy by service of a notice to quit or by surrender. Otherwise, a landlord seeking to obtain possession of a property let on a secure tenancy must obtain a court order. The secure tenancy does not end until the possession order is executed by a warrant of possession. See Q&A: What effect does the service of a notice of seeking possession (NOSP) have on the legal status of a secure tenant? When does a secure tenancy end, on service of NOSP or on granting of the eviction order?

If either of the landlord or tenant conditions cease to apply, hitherto secure tenancy is ended and the legislative regime for obtaining possession under HA 1985 will not apply. See Practice Note: The tenancy condition and Q &