Key Takeaways
- Residential and commercial property follow different possession routes. Residential eviction needs court process, while commercial forfeiture depends on the lease and the breach.
- Landlords generally need a court order before evicting a residential tenant. Changing the locks or using intimidation can be a criminal offence.
- In England, the Renters’ Rights Act 2025 has abolished most section 21 claims, so landlords must prove a statutory possession ground.
- Commercial landlords must serve a section 146 notice before forfeiting a lease for a breach other than unpaid rent.
- Courts can adjourn, suspend or postpone mortgage possession where the borrower is likely to clear the arrears or remedy the default within a reasonable period.
- Prepare the tenancy or lease, a valid notice, proof of service and rent evidence before you start. Do not assume England’s rules apply in Wales.
- Our solicitors can assess grounds, prepare possession claims, seek urgent injunctions, and manage enforcement or relief from forfeiture applications.
- Go Legal is rated Excellent with over 300 five-star reviews and 5/5 on Trustpilot and Google, placing our solicitors among the best-reviewed litigation lawyers in England and Wales.
How Do You Obtain Possession of Residential or Commercial Property?
You obtain possession by serving the correct notice, issuing a possession claim and enforcing the order through the court. The only exception is a commercial lease that allows lawful peaceable re-entry. Changing the locks is never a lawful shortcut to removing a residential tenant.
The correct route depends on three things: whether the property is residential, mortgaged or commercial; whether it is in England or Wales; and who is actually living or trading there. Getting any of these wrong can invalidate a notice, delay recovery by months or expose you to an unlawful eviction claim.
Our property litigation solicitors help landlords, lenders, tenants and borrowers avoid defective notices, unlawful eviction and forfeiture mistakes. To discuss your position, call 0207 459 4037 or book a free consultation with our team.
Which Route Applies When Obtaining Possession of Residential or Commercial Property?
The route depends on the type of property, the occupier and the legal relationship between you. Identify all three before serving notice or taking any enforcement step.
| Route | Is a court order normally required? | Basis for possession | Key evidence | Important risks |
|---|---|---|---|---|
| Residential possession claim | Yes, where a lawful residential occupier remains | Statutory possession grounds | Tenancy agreement, notice, proof of service, rent records and evidence supporting the ground | Unlawful eviction, defective notices and enforcement delays |
| Mortgage possession | Yes, through a possession claim relating to a dwelling | Mortgage arrears, default or another breach | Mortgage account, arrears history, repayment evidence and property information | The court may adjourn, suspend or postpone possession |
| Commercial lease forfeiture or possession | It depends on the lease, breach and occupation | Forfeiture clause and qualifying lease breach | Lease, rent account, breach evidence, notices and service evidence | Relief from forfeiture, injunctions and unlawful eviction risks |
Residential possession is governed by the Housing Act 1988, as amended by the Renters’ Rights Act 2025, the Protection from Eviction Act 1977 and CPR Part 55.
Under section 3 of the Protection from Eviction Act 1977, where premises have been let as a dwelling and the occupier continues to reside there after the tenancy ends, the owner cannot enforce a right to recover possession other than through court proceedings. Changing the locks, removing belongings or using intimidation without a court order can be a criminal offence under the Act, even where the tenant is in serious arrears.
Commercial possession turns mainly on the lease wording, the forfeiture right and the breach alleged. For a breach other than non-payment of rent, section 146 of the Law of Property Act 1925 requires a notice before the landlord can enforce a right of re-entry or forfeiture.
Wales has its own renting law and possession procedure based on occupation contracts under the Renting Homes (Wales) Act 2016. English tenancy provisions should never be assumed to apply to a Welsh property.
How Do Residential Possession Claims Work After the Renters’ Rights Act 2025?
In England, residential landlords must now prove a statutory ground for possession, because section 21 “no-fault” possession has been abolished for most private tenancies.
The Renters’ Rights Act 2025 changes the law governing rented homes, including the abolition of assured shorthold tenancies. A landlord seeking possession must identify the correct ground, serve the prescribed notice and prove the ground with appropriate evidence.
Mandatory and Discretionary Possession Grounds
The statutory grounds include rent arrears, antisocial behaviour, breach of tenancy obligations, the landlord’s intended occupation and sale of the property. They fall into two categories:
- Mandatory grounds: the court must grant possession if the ground is proved. Examples include serious rent arrears, serious antisocial behaviour and certain landlord-occupation and sale cases.
- Discretionary grounds: the court may grant possession if it considers it reasonable to do so. Examples include minor arrears, breach of a tenancy term and deterioration of the property.
On a discretionary ground, the tenant can argue that possession would not be reasonable. The court will look at the breach itself, any warnings given, the tenant’s response and the effect on the property. A landlord who can show a clear history of warnings and a failure to put things right is in a far stronger position.
Preserve the following from the outset:
- the tenancy agreement and any variations;
- a complete rent statement;
- communications about arrears or other breaches;
- inspection reports, photographs and repair records;
- complaints and evidence supporting any antisocial-behaviour allegation;
- documents supporting the intended occupation or sale;
- the notice and proof of service.
Transitional Rules and Commencement
A notice served under the former system may remain valid under transitional provisions. Schedule 6 of the Renters’ Rights Act 2025 deals with section 21 notices validly given before the relevant commencement date where possession proceedings had not begun or concluded.
If you served a notice around the changeover, establish:
- When the notice was served.
- Which commencement date applies.
- Whether proceedings had started before the new regime applied.
- Whether the transitional provisions preserve the notice and the former tenancy treatment.
The new grounds and procedures are being introduced in phases. Use the rules in force on the date the notice is served, not an old template or earlier advice.
Who Can Use the Digital Possession Service?
The digital possession service is limited to specific landlords and areas. It is not a universal online claim system.
The service opened for land in England at 12:00 pm on 29 September 2026, and for land in Wales at 12:00 pm on 15 October 2026. Eligible claimants are:
- England: registered providers of social housing seeking possession of social housing in approved postcode areas, with initial court centres including Bradford, Huddersfield and Wandsworth.
- Wales: community landlords under the Renting Homes (Wales) Act 2016 in approved areas, with the initial court centre including Caernarfon.
The claimant starts the case through a MyHMCTS account and must bring a separate claim for each property. Documents to upload include:
- the occupation contract, tenancy agreement or licence;
- any notice of intention to repossess;
- a rent statement where arrears are claimed;
- the deposit-protection certificate where relevant;
- for Welsh properties, the Energy Performance Certificate, gas safety report and electrical installation condition report where applicable;
- evidence supporting antisocial behaviour or another ground.
The court fixes a primary hearing and sends a claim pack to the defendant. The standard period between starting the claim and the primary hearing is not more than eight weeks. The hearing must be at least 28 days after the claim starts and at least 21 days after the claim pack is treated as received.
The Online Procedure Rules 2026 govern the initial digital claim, while the Civil Procedure Rules continue to govern enforcement and appeals. Accelerated possession, interim possession orders, claims against trespassers, relief from forfeiture and enforcement after an order all remain outside the digital process.
Can a Court Suspend Mortgage Possession If the Borrower Can Clear the Arrears?
Yes. Under section 36 of the Administration of Justice Act 1970, the court can adjourn, suspend or postpone possession of a dwelling where the borrower is likely to clear the arrears or remedy the default within a reasonable period.
Before issuing a claim, lenders must comply with the mortgage-possession pre-action protocol and demonstrate compliance with FCA conduct rules. Common grounds for possession include mortgage arrears, breach of the mortgage terms and borrower insolvency.
A borrower facing a claim should prepare evidence of a realistic plan to resolve the default, including:
- current income and expenditure;
- the mortgage arrears history;
- evidence of new employment or changed income;
- property valuation information;
- refinancing information, where relevant.
Proposals the court can consider include a repayment plan, refinancing, a sale by the borrower or a consent order for deferred possession. Any refinancing or financial restructuring should be discussed with an FCA-authorised adviser.
For lenders, a weak or incomplete arrears history invites an adjournment. For borrowers, an unrealistic proposal is often worse than none, because a broken suspended order leaves little room for a second chance.
Can a Commercial Landlord Forfeit a Lease Without Court Proceedings?
Sometimes, but only after checking the lease, the breach, the notice requirements and who actually occupies the premises.
What Must a Commercial Landlord Check Before Forfeiture?
The lease must contain a forfeiture clause that covers the breach relied upon. The landlord must then establish whether the breach is unpaid rent or another covenant, because section 146 does not affect forfeiture for non-payment of rent but applies to other breaches.
For rent arrears, the landlord may forfeit where the lease permits it and must comply with the lease and any statutory notice requirements. The landlord must also avoid waiver. Demanding or accepting rent after learning of the breach may waive the right to forfeit for that breach.
Assemble the file before acting:
- the signed lease and any side agreements;
- a full rent account with records of demands and payments;
- correspondence about the breach;
- inspection evidence for physical or use-related breaches;
- notices and proof of service.
When Is a Section 146 Notice Required?
A landlord must serve a section 146 notice before enforcing forfeiture for any breach other than non-payment of rent. The notice must:
- Specify the particular breach.
- Require the tenant to remedy it, where it is capable of remedy.
- Require compensation in money.
The tenant must then be given a reasonable time to remedy the breach and make reasonable compensation. Only if the tenant fails to do so can forfeiture proceed. A vague notice can undermine the entire forfeiture, because the tenant must understand exactly what is alleged and what must be done.
When Is Peaceable Re-entry Risky?
Peaceable re-entry means physically re-entering and changing the locks without a court order. It is available for commercial premises where the lease permits forfeiture, no person lawfully resides there and no force is used.
The risk rises sharply where any part of the property is used as a home or the occupation position is unclear, because the residential protection explained above then applies. Mixed-use premises need particular care. Many landlords issue possession proceedings instead, especially where the tenant disputes access, occupation or the validity of the forfeiture, to avoid an unlawful eviction claim or an injunction requiring them to let the tenant back in.
Can a Commercial Tenant Apply for Relief From Forfeiture?
Yes. A tenant can apply to the court to restore a commercial lease after forfeiture, whether by peaceable re-entry or court proceedings. The court may grant relief where:
- the breach has been remedied, for example by paying arrears and costs;
- the landlord has been compensated for its loss; and
- the court considers it just to restore the lease.
Relief is often granted on conditions, such as a payment into court or an undertaking as to future compliance. The court weighs the seriousness of the breach, the value of the property and the conduct of both parties.
Commercial possession disputes often involve urgent injunctions, rent accounting, valuation evidence and negotiated lease reinstatement. A tenant should act quickly, because exclusion from the premises affects stock, trading, customers and the value of the lease itself.
How Do You Issue Possession Proceedings and Prepare the Right Evidence?
Start with a complete evidence file that matches the legal route. Most failed claims fail on paperwork, not on the merits.
Residential Possession Claims
Claims outside the digital service proceed under CPR Part 55, including accelerated possession, interim possession orders and claims against trespassers. A residential landlord should prepare:
- the tenancy agreement or occupation contract;
- the possession notice and proof of service;
- a rent statement where arrears are alleged;
- correspondence with the occupier;
- evidence supporting the ground, including antisocial-behaviour evidence where relevant;
- the deposit-protection certificate where applicable.
A possession order specifies the date for possession and may include a money judgment for arrears.
In online possession proceedings, where the court sets no other deadline, witness statements and supporting documents must be provided four days before the hearing. A payment required by an order is due within 14 days unless the court orders otherwise. Missing an evidence deadline can prevent the court from considering important material.
Commercial Possession Claims
Commercial proceedings under CPR Part 55 require a claim form and particulars identifying:
- the lease and the forfeiture clause;
- the breach relied upon;
- the section 146 notice, where applicable;
- any re-entry or the decision to forfeit by proceedings;
- evidence of service.
The tenant may file a defence, apply for relief from forfeiture or seek an urgent injunction. Where re-entry is disputed, the court may need evidence about access, occupation and the condition of the premises. If you are facing a defended claim or urgent application, our guide to commercial disputes explains how these cases are run.
Common Errors That Delay or Invalidate Claims
The problems we see most often are:
- relying on the wrong possession ground;
- serving a defective notice, with the wrong notice period or missing prescribed information;
- failing to protect a tenancy deposit;
- waiving forfeiture by demanding or accepting rent;
- failing to comply with the pre-action protocol;
- losing evidence of service.
A defective first step can lead to a dismissed or delayed claim and may require the process to start again.
What Happens After a Possession Order Is Made?
A possession order does not itself remove anyone. If the occupier has not left by the date in the order, the claimant must enforce it under CPR Part 83.
Residential Enforcement
The claimant applies for a warrant of possession in the County Court or, if the case is transferred to the High Court, a writ of possession. A bailiff or enforcement officer gives the occupier notice of the eviction date and attends to enforce the order. A landlord must never attempt personal enforcement, even with an order in hand.
Commercial Enforcement
Commercial enforcement follows a similar warrant or writ procedure. The enforcement officer removes occupiers and secures the premises. A landlord that has not already carried out valid peaceable re-entry must not re-enter before the warrant is executed.
Insolvency and Possession Enforcement
If a tenant or borrower enters administration, liquidation or bankruptcy after a possession order, enforcement may require permission from the insolvency court or be caught by a moratorium. A step that was open to you in an ordinary possession claim may be restricted once insolvency proceedings start, so pause and take urgent advice before acting. Our guide to insolvency explains the wider position where the occupier, borrower or tenant company is in financial distress.
Frequently Asked Questions About Property Possession
Can I change the locks if my residential tenant has not paid rent?
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No. You must obtain a court possession order first, however serious the arrears. Changing the locks without one can be a criminal offence and can also lead to a civil claim against you. The lawful route is to serve the correct notice under the relevant ground, issue a possession claim and, if the tenant still stays, have a court bailiff enforce a warrant of possession.
What is the difference between mandatory and discretionary possession grounds?
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On a mandatory ground, the court must order possession once the ground is proved. On a discretionary ground, it decides whether possession is reasonable in all the circumstances. The Renters’ Rights Act 2025 has revised and consolidated these grounds, so the ground you choose dictates the notice, the evidence you need and how much room the tenant has to resist.
Are possession rules in Wales the same as in England?
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No. Wales has a separate framework under the Renting Homes (Wales) Act 2016, based on occupation contracts rather than English tenancy rules. Notices, grounds and required documents differ. Using an English form for a Welsh property is a common and costly mistake, and Welsh digital claims also require safety and energy documents where applicable.
Can a private landlord use the digital possession service?
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Not at present. In England, the service is limited to registered providers of social housing in approved postcode areas. In Wales, it is limited to community landlords in approved areas. Private landlords continue to issue possession claims under CPR Part 55, so a valid notice and complete paper evidence remain essential.
Can a landlord resist an application for relief from forfeiture?
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Yes. The court has discretion, and a landlord can argue that the breach is too serious, that compensation has not been paid or that the tenant’s conduct makes relief unjust. Where relief is granted, landlords can ask for protective conditions, such as payment into court or undertakings about future compliance, so the same breach is not repeated.
How long does it take to obtain possession?
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It depends on the route. Digital claims have a standard period of not more than eight weeks to the primary hearing, and paper claims under CPR Part 55 typically list a hearing within eight weeks. Urgent commercial injunction applications can be heard within days. A valid notice, protected deposit and clear rent statement avoid the delays that force claims to restart.
How Go Legal Helps With Property Possession Proceedings
Our solicitors act for residential and commercial landlords, mortgage lenders, property owners, tenants and borrowers across England and Wales, whether you are recovering property or defending a claim. We assist with:
- residential, commercial and mortgage-possession assessments;
- notices, evidence and pre-action strategy;
- digital and court-based possession claims;
- urgent injunction applications and defended proceedings;
- commercial lease forfeiture and relief-from-forfeiture applications;
- enforcement after a possession order;
- linked court, insolvency and professional-negligence claims where possession was mishandled.
Delay carries real cost on both sides. A landlord who serves the wrong notice or waives forfeiture may have to start again while arrears grow. A tenant facing forfeiture or a borrower facing repossession can lose the chance to keep the lease or the home if they do not act before enforcement. Where insolvency intervenes, the options narrow quickly.
Go Legal is a London-based commercial litigation law firm acting for individuals, directors, professionals and businesses. Our free initial consultation identifies the correct route, the evidence you need and the likely timescale. To discuss your position, call 0207 459 4037 or book a free consultation with our team.
















