Housing Possession & Tenant Debt Articles
Practical guides to possession proceedings under the Renters' Rights Act 2025, Form 3A Section 8 notices, rent-arrears claims, defending eviction, and enforcing tenant debt through MCOL, warrants and CCJs.
Served Form 3A? The First 14 Days, From Both Sides
Practical step-by-step guide for the first 14 days after a Form 3A Section 8 notice has been served. Covers the new prescribed notice from 1 May 2026, deposit-protection gating, ground selection, and what landlords and tenants both need to do.
Ground 8 Rent Arrears: The 13-Week Rule, the Hearing-Date Trap, and What Both Sides Should Expect
Detailed guide to the new Ground 8 rent-arrears regime under the Renters' Rights Act 2025. Covers the three-month threshold, the hearing-date test, the Universal Credit exception, and the alternative discretionary grounds 10 and 11.
Deposit Protection After 1 May 2026: The Gate Every Section 8 Must Clear (And the Two Grounds It Doesn't)
Why deposit protection is now the central compliance check for every Section 8 possession claim. Covers the gating rule, the exceptions for Grounds 7A and 14, late-cure options, and the Section 214 penalty.
Tenant Redress for Abuse of Possession Grounds Under the Renters' Rights Act 2025
How the new Renters' Rights Act 2025 redress regime works — re-letting restrictions on Grounds 1 and 1A, civil penalties up to £40,000, and Rent Repayment Orders of up to 12 months' rent for former tenants.
Minimum Rent Arrears for Eviction in England (May 2026): Mandatory vs Discretionary Routes Explained
How much rent must a tenant owe before they can be evicted in England under the Renters' Rights Act 2025? Side-by-side guide to mandatory possession under Ground 8 (3 months / 13 weeks) and discretionary possession under Grounds 10 and 11, with the Section 21 abolition, the deposit-protection gate, and the Universal Credit exception.
Set-Off as a Defence to Rent Arrears: From Lee-Parker to Televantos
Detailed practitioner guide to equitable set-off as a defence to a Section 8 possession claim. Covers the doctrinal chain from Lee-Parker v Izzet through British Anzani to Televantos v McCulloch, the pleading standard, and the Wallace v Manchester damages methodology.
Which Section 8 Ground Should I Use After May 2026? A Landlord's Decision Guide to the Post-Renters'-Rights Grounds
Decision-tree guide to the new Section 8 possession grounds after the Renters' Rights Act 2025 commenced on 1 May 2026. Covers the seven mandatory grounds, the five discretionary grounds, the notice periods, and the re-letting lockouts for Grounds 1, 1A and 1B.
Form 3A Notice Periods Explained: 4 Weeks, 4 Months, 14 Days, 2 Weeks — and the One Ground With No Minimum
How long must a landlord wait between serving Form 3A and issuing a possession claim under the Renters' Rights Act 2025? Side-by-side guide to the notice periods for every Section 8 ground, the calculation traps, and the consequences of getting it wrong.
Ground 1A Intent to Sell and the Twelve-Month Re-Letting Lockout: The Landlord Trap That Pays the Tenant a Year's Rent
Ground 1A of the Housing Act 1988 (added by the Renters' Rights Act 2025) comes with a twelve-month re-letting lockout enforceable by Rent Repayment Orders at the First-tier Tribunal. Full guide to the offence, the penalties, the defences, and what former tenants can do.
CPR Part 55 Express Interchange: Combining Possession and Rent Arrears in a Single Claim
Why landlords with both possession and rent-arrears claims should use a single CPR Part 55 N5 + N119 instead of issuing both a possession claim and a separate MCOL. Full guide to the express interchange, the £404 fee, and the bundle assembly.
Suspension of Warrant of Possession on Form N245: Terms That Work, Terms That Fail, and the Cases Every Tenant Should Read
How to apply for the suspension of a warrant of possession on Form N245 under Section 9 of the Housing Act 1988. Covers the *Hopkins* and *Higgins* framework, realistic payment terms, the application fee and EX160 remission, and the same-day hearing process.
Setting Aside a Default Judgment Under CPR 13.3: The Test, the Evidence the Court Expects, and the "Promptly" Trap
How to apply on Form N244 to set aside a default judgment under Civil Procedure Rule 13.3. Covers the two-limb test, the *Mitchell* and *Denton* framework on promptness, the witness statement, the costs sanction, and the parallel CPR 39.3 route.
EX160 Fee Remission: Claim It Before You Pay — The Help-with-Fees Scheme Explained
Full guide to the HMCTS Help with Fees scheme on Form EX160. Who qualifies — the qualifying-benefits route and the income-and-capital route. What fees can be remitted. The two routes to partial remission. Common mistakes and the appeal process.
Breathing Space and Rent Arrears: When the Debt Respite Scheme Pauses Possession, and the Two Carve-Outs Landlords Need to Know
Full guide to the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 as it applies to rent arrears. Covers the 60-day standard moratorium, MHCBS, the qualifying-debts list, and the carve-outs for current rent.