A possession file needs more than a tenancy agreement and a rent statement. For private assured tenancies in England, deposit compliance can affect whether the court can make a possession order under the rules applying from 1 May 2026.
Check the deposit evidence
Government guidance explains that most possession grounds require evidence of protection in an approved scheme, compliance with the scheme’s requirements and provision of the prescribed information. It also describes alternative routes involving return of the deposit or a deposit-protection court claim that has been decided, settled or withdrawn. Grounds 7A and 14 have specified exceptions.
Build a clear chronology
Gather the original receipt, scheme reference, protection confirmation and the information supplied to the tenant. Record dates and retain proof of delivery where available. Keep later tenancy changes and correspondence alongside these records, so an adviser can identify gaps without reconstructing the history from scattered messages.
Do not assume a quick fix is enough
A current scheme certificate does not, by itself, answer every question about what happened earlier. Equally, returning money is not a general promise that all legal consequences disappear. Ask a housing solicitor to assess the particular history and the possession ground before relying on a proposed remedy.
Review before serving documents
Use the current official guidance and forms, and obtain advice where the evidence is incomplete or disputed. Avoid treating an old checklist as confirmation that a claim will succeed. The court considers the applicable requirements and evidence, not simply whether a landlord has ticked an internal box.
Source: MHCLG, Repossessing your privately rented property after 1 May 2026. This is general information, not advice on an individual claim. Government information used under the Open Government Licence v3.0.
Editorial review: 15 October 2026. This original Property Perpetuity guide replaces the imported text; the original archive publication date is retained.