Possession

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General rights of all occupiers

A residential occupier is defined in section 1(1) of the Protection from Eviction Act 1977 as:

‘a person occupying the premises as a residence, whether under a contract or by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of any other person to recover possession of the premises.’

The basic right of a residential occupier of rented premises is to be safe from unlawful eviction. An action for unlawful eviction arises when an occupier is removed from, or prevented from accessing premises which they are entitled to occupy, without the legally prescribed means being used to evict them. See Practice Note: Unlawful eviction and quiet enjoyment. See also: Unlawful eviction—overview.

However, the procedure to follow in respect of obtaining an order, and the defences available to the tenant in court, will depend on what statutory regime (if any) the tenancy or licence falls under.

Social housing landlords

Since 13 January 2020, social landlords in England and Wales, including a local authority or housing association, can only commence

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Latest Local Government News

Procurement Act 2023—key developments since the ‘go live’

Public Law analysis: On 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) came into force. Procurements begun on or after this date are governed by PA 2023. Procurements begun before this date are governed by the previous legislation (including the Public Contracts Regulations 2015, Utilities Contracts Regulations 2016, Concession Contracts Regulations 2016, and Defence and Security Public Contracts Regulations 2011). This analysis highlights some of the key details and developments just over six months on from the PA 2023 ‘go-live’, with market insights and reflections from some of our expert contributors.

Administrative Court Judicial Review Guide 2025 published

HM Courts & Tribunals Judiciary has published updated guidance for court users in England and Wales on judicial review in the Administrative Court. The Administrative Court Judicial Review Guide 2025 provides general information on how judicial reviews should be conducted, including the relevant statutory provisions, procedural rules, practice directions and case law. The guide also includes contact details for the court, information on the relevant forms and fees and current service addresses for government departments. The 2025 edition replaces the 2024 edition. While the majority of the guidance is unchanged, we have summarised the key substantive updates. Notably, the 2025 edition introduces a specific warning on the use of AI in the preparation of skeleton arguments and the penalties for citing false authorities.

NAO publishes report on DfE response to raising residential care costs

The National Audit Office (NAO) has published a report examining the Department for Education’s (DfE) approach to addressing challenges encountered by local authorities in securing cost effective and high-quality residential care for children in England—revealing costs nearly doubled to £3.1bn between 2019–20 and 2023–24. The report outlines the profile of looked-after children, detailing the current costs and outcomes associated with the residential care system and explores the factors contributing to rising residential care costs and evaluates how the DfE supports local authorities in fulfilling their statutory duty to house looked-after children. The DfE has initiated reforms including draft legislation introduced in December 2024 to enhance financial oversight of private providers and encourage collective commissioning by local authorities. The report concludes the current system is not delivering value for money, citing a shortage of places for children with complex needs as a key factor driving cost increases.

Local Government weekly highlights—11 September 2025

This week's edition of Local Government weekly highlights includes: case analysis of R (AA) v Waltham Forest LBC, which sets out that judicial review is correct route to challenge section 189A plans under HA 1996; Chidswell Action Group v Kirklees Council, in which the court quashed planning permission where the section 106 agreement was not published pre-decision and Wild Justice v Pembrokeshire Coast NPA, in which the court quashed planning permission due to the authority's failure to publish a key ecological report. Case reports include R (AN) v Barking and Dagenham LBC, in which the court found the housing assessment breached statutory duties under HA 1996, CA 2004 and EqA 2010; R (Andrew Rickards) v East Hertfordshire DC, in which the court allowed a judicial review challenge of the LA's prior grant of approval to erect Green Belt polytunnels; R (Anaesthetists United Ltd) v GMC, in which the court rejected a judicial review application questioning whether GMC acted lawfully in implementing regulatory powers under Anaesthesia Associates and Physician Associates Order 2024 and A Local Authority v A Mother and others, in which the court rejected the LA care order applications in finding the parents' travel plans did not constitute unreasonable parenting. It also includes Ofsted's announcement of major changes to education inspection frameworks, the Education Committee's launch of an inquiry into early years sector reforms and further updates on Social housing, Healthcare, Public procurement, Education, Governance, Social care and Environmental law and climate change.

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