What Are the Most Common Reasons Possession Claims Fail?
When landlords initiate possession proceedings, the expectation is often a swift and straightforward repossession of the property. Unfortunately, many claims are delayed or dismissed due to avoidable legal missteps. Understanding the most common reasons these claims fail—and how to avoid them—is essential for any landlord looking to regain possession efficiently.
The Critical First Step: Don’t Skip the Risk Assessment
Possession claims often collapse before they even begin—at the notice stage. A comprehensive risk assessment is not just a helpful extra; it’s the foundation of a successful claim. Before any notice is served, landlords must carefully review the tenancy history. This includes identifying any potential defences or counterclaims the tenant may raise, such as disrepair issues or procedural missteps in tenancy deposit protection.
The assessment must also ensure that the landlord has complied with all legal obligations—such as providing an up-to-date Energy Performance Certificate (EPC), a valid Gas Safety Certificate, and ensuring any tenancy deposit has been protected within a government-approved scheme. These documents must be served correctly, with the appropriate prescribed information, before a notice can be deemed valid.
Why Possession Claims Fail: The Main Pitfalls
Wrong Possession Date in the Notice
One of the most frequent errors is specifying an incorrect date for possession in the eviction notice. For a Section 21 notice, failing to comply with the minimum notice period or providing a date that doesn’t match legal requirements makes the notice invalid. Even a one-day discrepancy can render the entire notice defective, giving the tenant solid grounds for a defence.
Improper Method of Service
The method by which a notice is served is equally critical. Some landlords serve notices via email or by hand without checking whether these methods are acceptable under the tenancy agreement. If the notice is not served in accordance with the agreement or statutory requirements, it can be struck out by the court.
Serving a notice may sound like a simple task, but many landlords get this step wrong and its also the reason there have been many appeals on the issue of service of notice.
Using the Wrong Form
Section 8 and Section 21 notices must be served using specific, up-to-date forms (known as prescribed forms). Landlords often make the mistake of using outdated templates or the incorrect form entirely.
There are many websites out there providing old versions of the forms. Use an expert or seek advise before serving your own notice is highly advised.
Filing with the Wrong Court Forms
Initiating court proceedings requires the correct forms and accurate details. Submitting the wrong type of possession claim or failing to include mandatory information can result in the court striking out the claim, or adjourning the matter causing delays and more cost. The court will not amend or correct these mistakes on the landlord’s behalf.
Missing Documents or Evidence
Every possession claim must be supported by a full and compliant set of documents, both for the court and for the tenant. This includes serving the notice correctly, keeping proof of service, and ensuring that documents such as the tenancy agreement, deposit protection certificate, and safety certificates are properly filed. If any of these documents are missing or invalid, the court will typically adjourn the case or strike it out.
Submitting Evidence That Doesn’t Meet Court Standards
Even with the right documents, the way evidence is compiled and presented matters, as there are thousands of court rules to comply with.
Evidence must be organised, legible, and relevant. Landlords who submit vague, inconsistent, or poorly prepared evidence risk having their claim challenged or dismissed.
Compliance Failures That Invite Tenant Defences
Tenants are increasingly aware of their rights and often defend claims by highlighting the landlord’s non-compliance.
Common issues include failing to protect the tenancy deposit within the required timeframe, not registering the property under mandatory licensing schemes, or allowing the property to fall into disrepair. These compliance breaches can lead to counterclaims and compensation awards against the landlord, which can halt or reverse possession proceedings.
Understanding Section 8 and Section 21 Notices
Section 8 and Section 21 notices serve different purposes, and using them correctly is key to a successful eviction.
A Section 8 notice is most often used when a tenant has breached the tenancy agreement, although there are also some no-fault grounds available under the section 8 procedure.
The most common ground is rent arrears, particularly Ground 8, where the tenant owes at least two months’ rent. If the landlord can prove this ground, the court must grant possession. Other grounds, like anti-social behaviour or property damage, are discretionary and require compelling evidence.
Section 21 is often referred to as the “no-fault” eviction route. It allows landlords to repossess a property without proving a breach, but the notice must meet strict procedural requirements. If the landlord has failed to comply with regulations around deposit protection, gas safety, EPCs, or the provision of the government’s ‘How to Rent’ guide, the notice is automatically invalid.
Why Serving Both Notices Is a Strategic Advantage
When legally permissible, serving both a Section 8 and a Section 21 notice can significantly reduce risk. If one notice is defective or challenged in court, the other may still be valid, ensuring that the possession process can continue without starting from scratch.
This dual-notice strategy also increases the landlord’s legal leverage. For example, if the tenant disputes rent arrears under Section 8, a properly served Section 21 notice might still succeed, provided all procedural rules are followed. The result is a more resilient legal position and faster resolution.
Fast Eviction Isn’t Just About Speed—It’s About Precision
A fast eviction only happens when every step is executed correctly. From the initial risk assessment to serving notices, filing claims, and preparing evidence, attention to detail is what separates successful claims from failed ones.
Landlords should not rely on generic templates or inexperienced advisers. Instead, they should work with legal professionals who understand the nuances of landlord-tenant law and who can guide them through the process with accuracy and confidence.
Why Landlord Advice UK Is the Right Partner
At Landlord Advice UK, we bring over 32 years of dedicated experience in landlord and tenant law. We don’t take shortcuts. Our team ensures that every notice is risk-assessed, every claim is compliant, and every landlord is fully prepared for court.
Our fees are competitive, and we’ll beat any other firm’s quote—without compromising on quality.
Don’t Let One Mistake Derail Your Claim
If you’re facing a difficult tenant situation, don’t risk a dismissed claim by cutting corners. Contact Landlord Advice UK today for a risk-free consultation. Let us help you regain control of your property quickly, legally, and effectively.
