Change description : 2021-12-10 10:23:00: Information box added that England will move to Plan B in response to the risks of the Omicron variant. [Coronavirus (COVID-19)]
Understanding the possession action process: guidance for landlords and tenants
Guidance for landlords and tenants in the private and social rented sectors to explain the possession action process in the county courts in England and Wales.
This guidance is to help private landlords to understand their rights and responsibilities when they need to take possession of their property through the county court by explaining how the possession action process works. It will also help social landlords understand the new arrangements which will be in place when the stay on possessions ends.
It will assist tenants who have been served with a notice requiring or seeking possession and provides detailed information about each stage of the possession action process where the landlord makes a possession claim to the county court.
The guides also contain advice to help tenants and private landlords to resolve common disputes in tenancies, such as rent arrears and anti-social behaviour, without the matter needing to go to court.
Each of these guides includes advice on the new arrangements in the county court that were introduced on 21 September 2020. These new arrangements assist landlords and tenants whose circumstances have been adversely affected by the coronavirus pandemic and help to manage the flow of new and outstanding cases in the courts.
Published 17 September 2020
Last updated 3010 NovemberDecember 2021
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Information box added that England will move to Plan B in response to the risks of the Omicron variant.
Guidance updated to reflect changes to the court process for possession introduced by the judiciary relating to COVID-19 case marking, review appointments and priority cases.
Guidance updated to reflect the end of the Rental Mediation Service pilot.
Guidance updated to reflect changes to required notice periods in England and Wales, the end of the furlough scheme and changes to international travel rules.
1 September 2021
Guidance updated to reflect the end of the fee waiver for applications to extend warrants of possession which expired due to the pandemic.
20 July 2021
Guidance updated for the move to COVID-19 rules step 4 on 19 July
1 July 2021
Guidance updated to reflect changes to notice periods and bailiff enforcement in Wales.
28 May 2021
Guidance updated to reflect 12 May announcement on changes to notice periods and bailiff enforcement.
30 April 2021
Guidance updated to reflect new processes for landlords to reactivate a possession claim after 30 April.
7 April 2021
Guidance updated with information about how to apply to extend the life of possession warrants which are nearing their expiry date, and to provide links to new Regulations which are in force restricting bailiff enforcement in England and Wales and to new mediation guidance.
12 March 2021
Guidance updated to
1) reflect the government’s commitment to extend the prevention of evictions by enforcement officers in England to 31 May 2021 and
2) confirm that legislation requiring landlords to provide 6 months notice to tenants in most cases has been extended until 31 May 2021.
19 February 2021
Guidance updated to reflect new legislation extending the prevention on enforcement of evictions in England during the national lockdown and launch of the mediation pilot.
11 January 2021
Updated to reflect the introduction of national lockdown measures and the extension of measures to prevent the enforcement of evictions in England and Wales, and to provide information about how these operate.
21 December 2020
Updated to reflect changes to the tier system and the introduction of a 4th tier from 20 December.
27 November 2020
Guidance updated to reflect the local restriction tier system that will be in place from Wednesday 2 December and to provide more information about how the exemptions to the restriction on bailiff enforcement operate in practice.
27 November 2020
Guidance updated to reflect the local restriction tier system that will be in place from Wednesday 2 December.
17 November 2020
Guidance updated to reflect new legislation to prevent enforcement of evictions in England during the period of national restrictions and over the Christmas.
5 November 2020
Guidance updated to reflect new national restrictions in England from 5 November.