The landlord can apply to the court in person or instruct a solicitor when the relevant notice period expires.

Only the landlord or their solicitor can sign the court papers. The court rejects possession claims commonly because a letting agent signs them. A letting agent can help the landlord draft the paperwork, but they cannot sign on the landlord's behalf, and they do not have a right to represent the landlord in court in the landlord's absence. A landlord likely absent from the UK must instruct a solicitor to commence legal action if they wish to be represented in their absence.

Rent arrears PCOL

If the grounds relate only to rent arrears and nothing else (grounds 8, 10 and 11), an application to the court can be made online using the Possession Claim Online Service (PCOL) for a cheaper fee.

To use the PCOL service, follow these steps:

register with PCOL
complete all details on the screen, including landlord contact details, tenancy details and information about the arrears
you will be asked to add a rent account showing how the arrears have accumulated
make payment of the court fee.

After completion, you'll be notified of a court date.

Paper application

If the grounds are not solely for rent arrears, a paper application to the court will be required using forms N5 and N119. The same forms can also be used for a rent arrears grounds claim if the landlord prefers not to use the online service.

After claim made

After proceedings have been issued at court, there is usually a waiting period of at least a month for a court hearing. The tenant is not required to vacate the property until a court order requires them to (although they will sometimes leave during this period). If a landlord attempts to evict a tenant before the court order is made, they will commit a criminal offence.

If the court orders possession, the tenant must leave on the date specified in the court order, called an absolute possession order.

Suppose the court makes a suspended possession order, and the tenant breaches its conditions. In that case, the landlord may apply for an absolute possession order or warrant for possession, depending on the terms of the suspended order. If the landlord intends to apply for a warrant after a suspended order, permission from the court may be required first. Frequently, the tenant will apply to the court for a 'stay of execution', which may be granted if the tenant can present sufficient evidence of their willingness and capability to comply with the order or if something has occurred that led to the tenant being unable to comply with the original terms. This may have been caused because the tenant had not obtained advice before the previous hearing.

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