Regaining possession
Regaining possession is the process by which you, as landlord, lawfully get your property back at the end of a tenancy. It is not just when you change the locks, it means ending the tenancy in a way recognised by law and then recovering vacant possession.
Under the Renters’ Rights Act, with “no-fault” Section 21 abolished, you normally regain possession in one of three ways:
The tenant gives valid notice and moves out on or before the notice date.
You and the tenant agree a surrender, ideally documented, for example by a deed of surrender, and backed up by return of keys.
You serve notice on one or more possession grounds, issue a court claim if the tenant does not leave, obtain a possession order, and, if needed, enforce it via court bailiffs/enforcement officers.
Throughout, you must meet all pre-conditions, including deposit compliance, safety certificates, PRS Database and Ombudsman registration, correct form and timing of notices. Simply locking a tenant out or removing their belongings, even after notice has expired, risks a finding of unlawful eviction, a criminal offence and a civil claim.
Professional landlords treat regaining possession as a paperwork and process exercise, including clear communication, correct notices, strong records and court enforcement where necessary, rather than informal or self-help eviction.
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