Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Possession definition

What does Possession mean? Possession in construction practice describes who has physical control of, and the right to occupy and manage, the site (or a section), including the ability to exclude others. It is a descriptive term informed by property law case law on exclusive possession and by the parties’ contract rather than a single statutory definition. Under most UK and Irish construction contracts, the employer grants the contractor possession of the site by an agreed date for possession to enable the works. While in possession, the contractor typically has responsibility for site access and security, care of the works and associated risk...

Possession of introductory tenancies in England: notice, review, time limits, public law, Article 8 and Equality Act defences, and effects of proceedings

Published by a LexisNexis Local Government expert

Practice notes

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A landlord may bring an introductory tenancy to an end only by securing and enforcing a court order for Possession. Possession is mandatory, so the landlord need not prove any ground. Even so, no order will be granted unless the notice Requirements for introductory tenancies have been met.

Notice of Proceedings for Possession

The landlord must give the tenant a Notice of Proceedings for Possession which sets out:

its intention to apply to the court for a possession order
the reasons it seeks possession
the earliest date on which proceedings may start
confirmation of the tenant’s right to have the decision reviewed
the deadline for requesting a review
that the tenant may obtain advice from a Citizens' Advice Bureau, a housing aid centre, a law centre, or a solicitor

No particular form is prescribed for a Housing Act 1996, section 128 notice. The information required by HA 1996, s 128(7) need not appear on a single page or in a single document, provided it is presented clearly...

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Morayo Fagborun Bennett

Gatehouse Chambers

Morayo specialises in all areas of landlord and tenant and property law. Recent cases include Charalambous v Ng [2014] EWCA Civ 1604 (tenancy deposit schemes), Coope v Ward [2015] EWCA Civ 30 (easement of support and measured duty of care) and Farah v Hillingdon LBC [2014] EWCA Civ 359 (intentionality and homelessness). She also regularly acts in disrepair and dilapidation proceedings, service and estate charge disputes and residential and commercial lease renewals.Morayo’s public law practice includes community care, Court of Protection, deprivation of liberty, welfare benefits, homelessness, judicial review and discrimination law. Recent cases concerned the community care needs of life sentenced prisoners, a deprivation of liberty case on the interface between the MCH and MCA and a test case on the lawfulness of the current practice adopted by decision makers in Employment Support Allowance...

Daryl Bigwood

Cobb Warren

Daryl Bigwood is a Partner at Cobb Warren. Cobb Warren are a boutique firm, based in Bristol, specialising in housing management for social landlords. Prior to joining Cobb Warren, Daryl was the Principal Solicitor for Litigation at Swindon Borough Council. In this role he oversaw the Council’s non-social care litigation including anti-social behaviour, housing, criminal prosecutions, public law and judicial review, and employment. Daryl also advised on the Council’s regulatory functions (such as health & safety, licensing, trading standards, and environmental health).Daryl’s specific interest is in anti-social behaviour and proceedings under the Anti-social Behaviour, Crime and Policing Act 2014.Daryl has appeared before the County Court (both on appeal and at first instance), the Court of Protection, the Family Court, the Magistrates’ Court, the Coroners Court, the Employment Tribunal, and the First-tier Tribunal (Property Chamber).Daryl has had conduct of cases in the High Court and the Court of...

Web page updated on 21/05/2026

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