---
title: "Possession Proceedings"
url: "https://www.nicholassolicitors.com/our-services/property-litigation-residential/possession-proceedings"
type: "service_details"
last_updated: "2026-03-13T12:17:09+0000"
---

# Possession Proceedings

Are you seeking to regain possession of your residential flat or house?

In considering the correct procedure to adopt when seeking possession of a property, we will firstly review the tenancy agreement in place between you and your tenant as well as compliance with the other regulations currently in force.

**Section 21 notice**

This is known as the “non-fault” procedure. If you wish to gain possession, but your tenant is not at fault under the tenancy agreement, you can only serve this notice, subject to compliance with the following:

- Protection of the tenancy deposit,
- Provide the tenant with a gas safety certificate and electrical performance certificate prior to the commencement of the tenancy agreement,
- Provide prescribed information ([How to rent: the checklist for renting in England](https://www.gov.uk/government/publications/how-to-rent)) 

**Section 8 notice**

There are mandatory and discretionary grounds contained within Schedule 2 of the Housing Act 1988. If you can establish a mandatory ground (Grounds 1 to 8), a judge must order possession. For discretionary grounds (Grounds 9 to 17), the judge will decide if the facts justify a possession order.

After the period of the notice served has lapsed, you can issue a claim for possession. Depending on the claim form used, a court hearing may be listed. The next step would be obtaining the possession order. Finally, to regain possession you need to obtain a warrant or writ of possession.

## Contacts

- [](https://www.nicholassolicitors.com/our-people/agne-ribinske)
-