Possession Proceeding Solicitors
Our Landlord and Tenant Solicitors in London know speed is usually essential when acting for landlords in possession proceedings. Conversely, tenants often want to slow the pace of possession proceedings because they don’t have anywhere else to move to or they are not paying rent.
If you are a landlord or tenant and need advice on possession proceedings the Landlord and Tenant Lawyers at OTS Solicitors can answer your queries and help with notices, tenant disputes, representation in possession proceedings and advice on eviction orders.
Online and London-based Possession Proceedings Solicitors
For advice on possession proceedings call the Landlord and Tenant Solicitors on 0203 959 9123 or complete our online enquiry form.
Appointments are available at our offices in central London or by phone or online consultation.
Landlord Possession Statistics
The latest possession statistics were published by the government in February 2025. They cover the period from October to December 2024. The full report can be found here.
It won't come as a shock to tenants to hear that possession proceedings are on the increase. Nor will it be a surprise to landlords to discover that possession proceedings are taking longer to finalise.
The headline statistics are:
- Compared to the same quarter in 2023, landlord possession claims increased by 3% from 23,374 to 24,010, possession orders increased by 2% from 17,994 to 18,416, warrants by 7% from 10,170 to 10,877 and repossession orders were up by 5% from 6,664 to 7,020.
- Increases in landlord possession claims have been predominately in London with slight falls in claims in areas such as Wales, the North East, and the South West.
- The average timeline for a landlord repossession has increased to 25 weeks from the date of claim to landlord repossession. This is an increase of 1.4 weeks compared to the same period in 2023.
The London Possession Statistics
The report reveals a concentration of possession proceedings in London. In the Q4 2024 statistics, there were:
- 8,366 landlord claims at London courts (10% increase) and
- 5,870 landlord orders at London courts (7% increase)
In real terms, that means:
- 35% of landlord claims were made in London
- 32% of landlord orders were made in London
These statistics mean London boroughs account for 7 of the 10 local authorities with the highest rate of private landlord possession claims.
Three London boroughs stand out in the latest report:
- Waltham Forest with the highest rate for private landlord claims of 762 per 100,000 households owned by a private landlord
- Newham with private landlord claims of 537 per 100,000 households owned by a private landlord
- Barking and Dagenham with 475 claims per 100,000 households owned by a private landlord
The time it takes to get possession.
The national average timeline for a landlord repossession has increased to 25 weeks from the date of claim to landlord repossession. However, this is the national average. In London courts, there are increased pressures because of the volume of possession proceedings claims in comparison to other areas of the country.
Our Possession Proceedings Solicitors understand the frustrations felt by both landlords and tenants:
- Landlords who can't get repossession of their property because of possession law and court delays but in the meantime are responsible for paying the mortgage and carrying out repairs to the property knowing that when an eviction order is eventually granted the tenant may not have the means to pay the rent arrears.
- Tenants who can't find anywhere else to rent because of school and work constraints or rental budgets or tenants who have been told they must continue to live at the property until evicted otherwise they will be treated as having made themselves intentionally homeless and thus ineligible for social housing.
Types of possession orders
Our Possession Proceedings Solicitors will advise on the different types of possession orders that can be sought by a landlord when explaining possession strategy.
The four types of possession order are:
- Standard possession order - used when a landlord wants possession and rent arrears and/or other costs. A court hearing is required. If a possession order is made after representations by the parties, the tenant will be given a date to leave the property and ordered to pay any rent arrears or costs as assessed by the court.
- Accelerated possession order – the accelerated process can be used where a landlord isn’t seeking rent arrears, costs or damages and is prepared to limit their claim to possession to secure speed. Limiting the claim to possession normally means there is no court hearing and the tenant is ordered to vacate by a specified date.
- Outright possession order – if this order is granted by the court the tenant must leave by a specified date. If the tenant does not leave the landlord can apply for a warrant for eviction.
- Suspended possession order – this type of order grants possession but the order is suspended so the tenant can stay provided they comply with the conditions. For example, to pay the rent. If the conditions are breached the landlord can apply back to court to evict the tenant.
The possession process
The possession process consists of four steps:
- Service of notice – this is currently a Section 21 notice (no-fault eviction) or Section 8 notice. It is best to take legal advice if you are a landlord on the type of notice that suits the reasons for seeking possession and to ensure that the notice is valid. Tenants should take legal advice to see if they have a potential defence to the proceedings.
- Application for a possession order after the end of the notice period.
- Court hearing if a landlord has asked the court to make a standard possession order rather than an accelerated order.
- Possession order and the tenant is given a date to leave the property.
- Warrant for possession application if the tenant does not vacate on the date specified in the possession order.
A tenant may be able to defend the possession proceedings or slow the possession process down if they are experiencing exceptional hardship. Examples of tenant defences to a possession application include:
- Rent arrears have been paid (this applies depending on the type of Section 8 notice).
- Invalid notice as the prescribed information was not given or incorrect time was specified in the notice.
- Deposit issues as the landlord did not protect the deposit and therefore isn’t entitled to serve notice until this is rectified.
Why choose OTS Solicitors as your Possession Proceedings Solicitors
As Possession Proceedings Solicitors in London, we are acutely aware of the financial pressures on landlords and the lack of suitable affordable rental properties for tenants. Mortgage rates, soaring repair bills and the fear factor generated by the Renters' Rights Bill are all combining to increase the number of possession proceedings issued in London courts.
At OTS Solicitors our team of Landlord and Tenant Lawyers are committed to ensuring that you get the specialist landlord and tenant legal advice you need from the outset of your instruction of our experts. We will help you with:
- Ensuring your tenancy agreement is fit for purpose.
- Advice on compliance with landlord obligations on repairs, deposits, and provision of information.
- Communication with tenants to avoid harassment claims.
- Notice rules so Section 21 notices and Section 8 notices are compliant and can be relied upon or challenged.
- Advice on grounds for possession.
- Representation in possession proceedings.
For landlord information on getting possession quickly have a look at Possession Proceedings for Landlords: Legally Reclaim Your Property Quickly in 2024.
Online and London-based Landlord and Tenant Solicitors
For property possession advice call the experts at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
Appointments are available at our offices in central London or by phone or online consultation.
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