Disputes are an unfortunate part of business life. While many can be resolved through negotiation or mediation, sometimes court proceedings become unavoidable. This is where commercial litigation comes in.

Understanding what it is, when it may be needed and how the process works will help you make informed decisions and protect your commercial interests.

Commercial litigation refers to court proceedings relating to business disputes. These cases often involve contracts, partnerships, company law, property, or professional services. The aim is to resolve disputes formally through the courts where alternative solutions have failed.

In England and Wales, the litigation process is governed by the Civil Procedure Rules (CPR), which outline the steps and protocols that must be followed to ensure disputes are handled fairly and efficiently.

Litigation should always be considered a last resort, as it can be time-consuming, costly, and disruptive. Many disputes can be resolved more quickly and cost-effectively through alternative methods.

However, if these approaches do not achieve a satisfactory outcome, litigation may be necessary to protect your position, enforce your rights, or recover losses.

Commercial litigation can arise from various business situations, including:

To advise you effectively, your commercial litigation solicitor will require:

Providing clear, organised information at an early stage will help your solicitor assess your position and advise on the best way forward.

While every case is different, litigation in the UK typically follows these stages:

Before starting proceedings, parties are expected to exchange information and attempt settlement. The pre-action stage requires the party making the claim to send a detailed letter of claim setting out:

The other party must then provide a substantive response. This stage can often resolve matters without court involvement. The courts may impose cost penalties on parties who fail to engage properly in pre-action correspondence.

If settlement is not possible, a formal claim is filed with the court. This involves completing a claim form and paying the relevant court fee. The claim will be issued in either the High Court (for claims over £100,000) or the County Court.

The claim form is accompanied by Particulars of Claim, which set out the detailed background and legal basis for the claim.

The other party responds within a set timeframe, either admitting, denying, or partly disputing the claim. They may file an acknowledgement of service (giving them more time to respond) or submit a defence directly.

A defendant may also file a counterclaim if they have their own claim against the claimant.

The court sets a timetable for the case, including deadlines for:

A Case Management Conference (CMC) is typically held where the court gives directions and sets the trial date.

Both sides present their case before a judge, who makes a binding decision. Trials can last from a few days to several months depending on the complexity of the case.

The trial typically involves opening submissions, examination of witnesses, expert evidence (if applicable), and closing submissions from both parties.

Following the trial, the judge will deliver judgment. In complex cases, judgment may be reserved and handed down at a later date.

The unsuccessful party will generally be ordered to pay a significant proportion of the successful party’s legal costs, in addition to any damages awarded.

If there are grounds, a party may appeal the decision. However, permission to appeal must be obtained from the court, and appeals can only be brought on specific, narrow grounds.

In the UK, strict time limits (known as limitation periods) apply under the Limitation Act 1980. Missing these deadlines can prevent you from bringing a claim altogether.

Because limitation rules can be complex, it is vital to seek legal advice as soon as a dispute arises. Once the limitation period has expired, your claim will be considered “time barred” and could be struck out.

If proceedings cannot be issued within the limitation period, parties may enter into a standstill agreement to extend or suspend the limitation period. This can provide additional time for settlement negotiations.

Legal costs in commercial litigation can be significant and unpredictable. An important feature of English litigation is that the unsuccessful party will generally be ordered to pay a significant proportion of the successful party’s costs.

This means the losing party typically pays:

The courts have broad discretion in awarding costs and will consider factors such as conduct during proceedings and any attempts to settle the dispute.

Commercial litigation is a serious step and should only be pursued when other methods of resolution have failed. With the right advice, you can understand your options, assess the strength of your case, and protect your business interests effectively.

If your business is facing a dispute, Franklins Solicitors’ commercial litigation team can help you evaluate your position, explore alternatives, and guide you through the litigation process where necessary.

Contact us on 01604 344562 (Northampton) or 01908 916096 (Milton Keynes), or email info@franklins-sols.co.uk for expert advice.

Construction disputes over payments, delays or defects need quick resolution. Adjudication delivers this through a statutory process that typically concludes within 28 days.

The adjudicator’s decision is binding and must be complied with immediately. However, there are limited circumstances where it can be challenged.

The Housing Grants, Construction and Regeneration Act 1996 (as amended in 2009) gives parties in most construction contracts the right to refer disputes to adjudication at any time. The process is designed to provide a rapid interim decision to maintain cash flow and keep projects moving.

Common disputes referred to adjudication include:

The adjudicator’s decision is binding until the dispute is finally determined by litigation or arbitration.

An adjudication decision must be complied with immediately, even if a party disagrees with it. This is often described as “pay now, argue later.” The purpose is to prevent disputes from stopping work or causing cash flow problems on projects.

However, the decision is not final. Either party can refer the underlying dispute to court proceedings or arbitration for a full rehearing. At that stage, the entire matter is considered afresh. The court or arbitrator is not bound by the adjudicator’s findings.

In practice, most parties accept the adjudication decision and do not pursue further proceedings. The cost and time involved in litigation or arbitration means that adjudication effectively resolves many disputes.

If a party fails to comply with an adjudication decision, the other party can bring enforcement proceedings in the Technology and Construction Court (TCC). These proceedings are dealt with quickly, often within weeks.

The courts adopt a strongly pro-enforcement approach. Even where the adjudicator has made clear errors of fact or law, the decision will usually be enforced. The policy is to uphold the interim nature of adjudication and preserve its effectiveness as a dispute resolution mechanism.

There are only limited grounds on which enforcement can be resisted:

The adjudicator must have had jurisdiction to decide the dispute. Jurisdiction challenges typically involve:

The adjudicator must give both parties a fair opportunity to present their case. A breach of natural justice may arise if:

Adjudicators must follow the procedural rules set out in the contract or the Scheme for Construction Contracts. Serious breaches may prevent enforcement, though minor procedural irregularities will not.

The threshold for successfully resisting enforcement is high. The courts will not interfere unless there is a serious procedural failing that goes to the heart of the adjudicator’s jurisdiction or the fairness of the process.

Where only part of an adjudicator’s decision is flawed, the court may enforce the valid parts and set aside the defective element. This depends on whether the decision can be properly severed without undermining the adjudicator’s overall reasoning.

Once an adjudicator has issued their decision, they cannot reopen it or reconsider their findings. The only exception is for clerical or typographical errors, which can be corrected within a short period (typically five days or less).

An adjudicator cannot:

If there are substantive errors in the decision, the only remedy is to refer the dispute to court or arbitration for final determination.

A party dissatisfied with an adjudication decision can commence court proceedings or arbitration (if the contract provides for it) to have the dispute determined finally. The entire dispute is reconsidered without any deference to the adjudicator’s findings.

This route involves significant cost and time. Proceedings in the TCC or arbitration can take many months or even years to reach a final hearing. Legal costs often run into six figures for substantial construction disputes.

For this reason, most parties do not pursue final determination after adjudication. The adjudication decision effectively becomes the final resolution of the dispute.

There is no statutory time limit for bringing enforcement proceedings. However, the court may refuse to enforce a decision if there has been unreasonable delay, particularly if circumstances have changed in the meantime or the delay has prejudiced the other party.

Parties seeking to enforce an adjudication decision should act promptly.

A party cannot withhold payment whilst challenging an adjudication decision. Compliance is required immediately, even if enforcement proceedings have been issued to resist the decision.

Failure to comply will usually result in summary judgment being granted in the enforcement proceedings.

Where adjudication is not appropriate or the decision is unsatisfactory, parties may consider:

Each of these options has different costs, timescales and procedural requirements. The most appropriate route depends on the nature of the dispute and the parties’ objectives.

Construction adjudication moves quickly. If you are considering referring a dispute to adjudication, or if adjudication proceedings have been commenced against you, early legal advice is important.

Our commercial litigation team has experience advising on construction disputes and adjudication proceedings. We can help you understand your position, prepare your case, and advise on enforcement or challenge where appropriate.

Contact us on 01604 344562 (Northampton) or 01908 916096 (Milton Keynes), or email info@franklins-sols.co.uk.

Unpaid invoices damage cash flow and profitability. Chasing payment is time-consuming, but businesses have legal options to recover what they’re owed. The key is knowing which approach to use and when to escalate.

Most payment issues can be resolved without legal action. Before considering formal steps, businesses should:

Being proactive at this stage often secures payment and avoids disputes later.

Under the Late Payment of Commercial Debts (Interest) Act 1998, businesses are entitled to statutory interest on late payments at 8% above the Bank of England base rate. You can also claim fixed compensation of £40, £70 or £100 per invoice depending on its value.

These rights apply automatically to business-to-business transactions unless the contract specifies alternative interest terms.

If reminders are ignored, the next step is a Letter Before Action. This is a formal letter required under the Pre-Action Protocol before issuing court proceedings.

The letter must set out:

A Letter Before Action from a solicitor often prompts payment. It also demonstrates compliance with pre-action requirements if court proceedings become necessary.

Where a debt remains unpaid, you can issue a claim in the County Court or High Court (for debts over £100,000).

A claim form is filed with the court fee and particulars of the claim. The court serves these on the debtor, who has 14 days to respond.

If the debtor ignores the claim or does not file a defence, you can apply for judgment in default. If the debtor defends, the matter proceeds to a hearing where both sides present their case.

A successful claim results in a County Court Judgment (CCJ) against the debtor. This is a court order requiring payment and remains on the debtor’s credit file for six years.

A CCJ does not guarantee payment. If the debtor fails to pay, you must take enforcement action. Options include:

Enforcement action requires additional court fees and may not succeed if the debtor has no assets or income.

In some situations, insolvency procedures may be more appropriate than court claims. A statutory demand is a formal written request for payment of an undisputed debt.

Statutory demands are available for:

The demand gives the debtor 21 days to pay. If they fail to do so, you can petition for:

Statutory demands should only be used for undisputed debts. If the debtor has a genuine dispute or counterclaim, the demand may be set aside and you could face costs sanctions.

The courts discourage using statutory demands purely as a debt collection tactic. They are intended for situations where the debtor is genuinely unable to pay and insolvency is appropriate.

If a company ignores a statutory demand, you can present a winding-up petition to the court. This is a public process that usually forces the company into compulsory liquidation.

However, winding up is expensive and should be a last resort. Costs include the court fee of £2,600, a deposit for the Official Receiver (usually £2,775), and legal costs.

You may recover little or nothing if the company has no assets. Other creditors may be paid in priority to you, particularly secured or preferential creditors. Winding up a company does not guarantee payment. You become an unsecured creditor in the insolvency, and recovery can take months or years with no guarantee of any dividend.

Most business debts must be recovered within six years from the date they became due under the Limitation Act 1980. For debts arising from a deed, the limit is 12 years.

Once the limitation period expires, the debt becomes statute-barred and cannot be enforced through the courts. The period can be extended if the debtor acknowledges the debt in writing or makes a payment towards it.

Businesses can instruct debt collection agencies to chase payment. Agencies typically charge either a fixed fee or a percentage of the debt recovered (often 10-25%).

Debt collection agencies can send letters and make telephone calls but cannot take legal action unless they employ solicitors. Their effectiveness depends largely on the debtor’s willingness to pay.

Debt recovery requires a balanced approach. Misusing statutory demands or adopting overly aggressive tactics can expose your business to counterclaims or accusations of harassment.

Statutory demands are particularly serious and can backfire if used incorrectly. They should only be used for genuinely undisputed debts where insolvency proceedings are a realistic and appropriate next step.

The most effective approach is one that is legally robust and commercially sensible.

If you’re owed money and aren’t sure of the best next step, our litigation team can help. We’ll assess your situation, guide you through your options, and act to recover what you’re owed, whether through negotiation, court proceedings or insolvency measures.

Don’t let unpaid debts put your business at risk. Contact us on 01604 344562 (Northampton) or 01908 916096 (Milton Keynes), or email info@franklins-sols.co.uk.

When a business discovers fraud, whether through false invoices, misappropriated funds or payment diversion, two questions arise: how do we recover our losses, and how do we hold the wrongdoer accountable?

The answer depends on whether you pursue criminal prosecution, civil litigation, or both.

Fraud in business takes many forms:

Regardless of how it arises, businesses must decide the most effective route to recover losses and hold wrongdoers accountable.

Criminal prosecution is carried out by the state, typically through the police, Crown Prosecution Service (CPS), or bodies such as the Serious Fraud Office (SFO) for more complex financial crimes.

The focus is on punishing wrongdoing in the public interest. Outcomes can include:

Criminal cases require proof beyond reasonable doubt. This is a high threshold, particularly in fraud cases where intent and dishonesty must be established.

Criminal proceedings offer limited control for the victim business:

A criminal case may satisfy a desire for justice and deter future misconduct, but it rarely achieves full financial recovery.

Civil litigation is brought by the business itself with the goal of recovering losses. This approach gives the claimant more control and offers a range of remedies.
the breach and its impact.

Civil cases require proof on the balance of probabilities. This is a significantly lower threshold than the criminal standard, making civil claims easier to establish.

One of the most powerful tools in civil fraud cases is the freezing injunction (formerly known as a Mareva injunction). This prevents the defendant from disposing of or dealing with assets within or outside the jurisdiction.

The court will grant a freezing injunction if:

Freezing injunctions can be obtained without notice to the defendant where there is a risk they would dissipate assets if warned. These orders are backed by penal notices and breach can result in contempt of court proceedings.

Yes. Criminal and civil proceedings can run in parallel, but timing and coordination are important.

In some cases, the threat or existence of criminal proceedings strengthens the position in civil litigation by putting pressure on the defendant.

In some cases, businesses can bring private criminal prosecutions rather than relying on the CPS or SFO. This is relatively rare but can be effective where:

Private prosecutions are expensive and complex, requiring specialist legal advice.

HMRC has powers to investigate and prosecute tax fraud cases, including VAT fraud, PAYE fraud, and other tax evasion offences. HMRC can also pursue civil penalties and recover unpaid tax through civil proceedings.

Businesses facing HMRC investigations should seek specialist advice immediately, as the consequences can include both criminal prosecution and substantial financial penalties.

Once the limitation period expires, you lose the right to bring a claim. It is important to seek advice promptly to avoid missing deadlines.

If your business has been the victim of fraud, early advice is essential. Delays can result in lost assets or evidence.

At Franklins Solicitors, our commercial litigation team can help you assess the best strategy to deal with fraud and misconduct. We can advise on the viability of both civil claims and criminal referrals, and work quickly to secure freezing orders or injunctions where needed to protect your position.

Contact us on 01604 344562 (Northampton) or 01908 916096 (Milton Keynes), or email info@franklins-sols.co.uk to discuss your options.

When one party fails to meet their contractual obligations, it can cause serious financial and operational disruption to your business. Knowing how to identify, respond to and resolve a breach of contract is essential for protecting your commercial interests.

A breach of contract occurs when one party fails to perform a term of the agreement without lawful excuse. This may include:

Not every breach is the same. The consequences depend on which type of term has been breached.

A condition is a fundamental term that goes to the heart of the contract. If a condition is breached, the innocent party can:

For example, if a supplier fails to deliver goods at all, this is likely a breach of condition.

A warranty is a less important term. If a warranty is breached, the innocent party can claim damages but cannot terminate the contract.

For example, minor defects in goods that do not prevent their use may constitute a breach of warranty only.

This is a serious breach that deprives the innocent party of substantially the whole benefit of the contract. It entitles the innocent party to treat the contract as at an end and claim damages for both the breach and the early termination.

Care must be taken before terminating. If you wrongly terminate a contract, you may be in breach yourself and face a claim for damages.

The remedies available depend on the nature of the breach and its impact.

Damages are financial compensation for losses suffered. The aim is to put the innocent party in the position they would have been in had the contract been properly performed.

There are two main types of damages:

Some contracts include liquidated damages clauses, which specify the amount payable for certain breaches (typically late completion). These are common in construction and manufacturing contracts.

Liquidated damages clauses are enforceable if they represent a genuine pre-estimate of loss. If the clause is a penalty (designed to punish rather than compensate), the court will not enforce it.

Specific performance is a court order requiring the breaching party to fulfil their contractual obligations. This remedy is only available where damages would be inadequate compensation.

Specific performance is most commonly ordered in contracts for the sale of land or unique goods. It is rarely available for contracts for personal services or where supervision of performance would be required.

An injunction is a court order either preventing a party from doing something (prohibitory injunction) or requiring them to do something (mandatory injunction).

Injunctions are commonly used to prevent:

Like specific performance, injunctions are equitable remedies granted at the court’s discretion.

If the breach is sufficiently serious (breach of condition or repudiatory breach), the innocent party may be entitled to terminate the contract.

Termination releases both parties from future performance but does not affect rights and obligations that have already accrued. The innocent party can still claim damages for losses suffered up to the date of termination and for loss of future performance.

Rescission cancels the contract and returns both parties to their pre-contractual positions. This remedy is available for misrepresentation or where the contract was entered into by mistake or duress.

Rescission is different from termination. It treats the contract as if it never existed, whereas termination recognises the contract existed but ends it going forward.

The innocent party has a duty to take reasonable steps to mitigate (reduce) their loss. Failure to mitigate can reduce the damages recoverable.

For example, if a supplier fails to deliver goods, the buyer should attempt to source alternative goods elsewhere rather than sit back and claim for all consequential losses.

The duty to mitigate does not require the innocent party to take extraordinary steps or incur significant expense. Reasonableness is assessed based on the circumstances.

Many commercial contracts include limitation of liability clauses that cap or exclude certain types of damages. Common limitations include:

These clauses are subject to the Unfair Contract Terms Act 1977 and must satisfy a test of reasonableness. Certain liabilities (such as fraud, death or personal injury) cannot be excluded.

If you suspect a breach of contract, these steps can help protect your position:

Check the relevant clauses, including:

Retain all relevant documentation, including:

Delays can weaken your ability to enforce rights. Some contracts impose strict time limits for giving notice of breach or making claims.

Decide whether your priority is to:

The right advice can preserve business relationships and avoid costly escalation. A solicitor can advise on:

Not every breach leads to litigation. Alternative dispute resolution can often resolve disputes more quickly and cost-effectively.

Direct discussions between the parties, with or without legal representatives. This is often the fastest and cheapest route.

A neutral mediator helps the parties reach a negotiated settlement. Mediation is non-binding unless a settlement is reached.

Common in construction contracts, adjudication provides a quick interim decision that is binding until the dispute is resolved through arbitration or litigation.

If the contract includes an arbitration clause, disputes must be referred to arbitration rather than court. Arbitration provides a private, binding decision.

Court proceedings may be necessary where other methods fail. Litigation provides a binding judgment but is typically the most expensive and time-consuming option.

Contract claims are subject to limitation periods under the Limitation Act 1980:

Once the limitation period expires, you lose the right to bring a claim. It is important to seek advice promptly to avoid missing deadlines.

Probate disputes involving the removal of a PR can be highly sensitive and emotionally charged, especially when family members are involved. They often overlap with other inheritance disputes, such as claims under the Inheritance (Provision for Family and Dependants) Act 1975 or challenges to the validity of the will.

If a breach of contract is disrupting your business, our contract disputes team can help you assess your position, understand your remedies, and take effective steps to protect your interests.

Contact us on 01604 344562 (Northampton) or 01908 916096 (Milton Keynes), or email info@franklins-sols.co.uk.

When someone dies, the person appointed to administer their estate, known as the personal representative (PR), has significant legal responsibilities.

But what happens if that person is acting improperly, negligently or is simply no longer fit to carry out the role?

A personal representative can be removed by the court in certain circumstances.

A personal representative may be:

They are responsible for collecting the deceased’s assets, settling debts and taxes and distributing the estate according to the will or intestacy rules.

While most PRs carry out their duties diligently, problems can arise when they:

Before considering removal proceedings, it’s important to understand that executors can resign in certain circumstances through a process called renunciation.

Renunciation is only possible if the executor has not yet started actively dealing with the estate (known as “intermeddling”). This means they have not taken steps such as selling assets, paying debts or collecting estate funds. Once an executor has begun administering the estate, they cannot simply resign. Renunciation requires signing a formal deed of renunciation.

If an executor has already started acting but wishes to step down, or if they refuse to resign despite problems arising, court proceedings for removal may be necessary.

Yes. The courts have power to remove a PR under section 50 of the Administration of Justice Act 1985. The key consideration is always the interests of the beneficiaries and the proper administration of the estate.

It is not enough to simply dislike a PR or disagree with their decisions. The court must be satisfied that their continued role would jeopardise the proper management of the estate.

Estate administration typically takes between six and twelve months (sometimes referred to as the “executor’s year”), though complex estates may take longer. Courts recognise that executors must act carefully and prudently. However, unreasonable delay beyond what is necessary for proper administration can be grounds for removal, particularly where beneficiaries are suffering financial loss.

The standard expected of executors varies. Professional executors (such as solicitors or accountants acting in that capacity) are held to a higher standard than family members acting in a lay capacity. This distinction matters when assessing whether an executor’s conduct amounts to incompetence or breach of duty.

Litigation should be a last resort. Before pursuing removal proceedings, beneficiaries should:

Request information about the estate’s administration, including details of assets, liabilities and the proposed distribution timeline.

Executors must keep beneficiaries “reasonably informed” about the estate’s progress. This duty gives executors some discretion, but they cannot simply refuse to provide basic information about the administration.

Threatening immediate legal action is rarely productive. If the executor is simply slow or poor at communicating, requesting information and offering assistance (such as suggesting professional help at the estate’s expense) may resolve the issue.

Applications for removal are stronger when supported by all or a clear majority of beneficiaries rather than a single dissatisfied individual.

The process usually involves:

In urgent cases, an interim order may be sought to prevent further mismanagement pending a full hearing. The court has wide discretion and may remove one or all PRs if necessary.

Executors are normally entitled to have their reasonable costs of estate administration paid from the estate funds. This includes legal costs for dealing with legitimate estate disputes where they act reasonably.

However, executors who act unreasonably or in their own interests rather than the estate’s interests risk losing this indemnity. If the court finds that an executor has defended removal proceedings unreasonably or conducted the litigation as a personal dispute rather than an estate matter, the executor may be ordered to pay costs personally.

This can result in:

Before defending removal proceedings, executors should carefully consider whether their opposition serves the estate’s interests or their own, and should seek early legal advice about the risks involved.

Probate disputes involving the removal of a PR can be highly sensitive and emotionally charged, especially when family members are involved. They often overlap with other inheritance disputes, such as claims under the Inheritance (Provision for Family and Dependants) Act 1975 or challenges to the validity of the will.

At Franklins Solicitors, our dispute resolution team works closely with our wills, trusts and probate department to handle contested probate matters with care, professionalism and efficiency. If you believe a personal representative is failing in their duties, or you are a PR facing challenge, we can guide you through the legal process and protect your interests.

If you’re a landlord and your tenant has broken the terms of their tenancy, you may be able to regain possession of your property using a Section 8 Notice.

Unlike a Section 21 “no-fault” notice, a Section 8 Notice requires you to show that the tenant has breached one of the legal grounds for possession under the Housing Act 1988. Depending on the ground relied on, you may need to give as little as two weeks’ notice or up to two months.

There are 17 grounds a landlord can rely on when serving a Section 8 Notice.

Some of the most common grounds include:

Other grounds cover situations such as the landlord needing to move back in, redevelopment of the property, or the property being tied to a job that has since ended.

The notice period you must give depends on which ground you’re relying on:

The notice must specify the earliest date you can apply to court. This cannot be before the notice period expires or before the end of any fixed term in the tenancy.

Section 8 Notices must be served using the prescribed Form 3, available from GOV.UK.

The form must include:

For rent arrears cases, attach a detailed rent schedule showing:

For breach of tenancy terms, provide specific details of the breach and relevant tenancy clause numbers.

Section 8 claims follow the standard possession procedure (not the accelerated route). Both parties can present evidence and arguments.

Possible outcomes include:

For mandatory grounds like Ground 8, the court must grant possession if the ground is proved. For discretionary grounds, the court considers whether possession is reasonable in the circumstances.

If the tenant still refuses to leave after a possession order is granted, you cannot physically remove them yourself. You must apply for enforcement through:

Enforcement timescales vary depending on court availability, typically 4–8 weeks from application to eviction.

Section 8 Notices can be technical. Mistakes with dates, grounds, or service of the notice can make it invalid and set you back months. Even small errors in the court paperwork can delay proceedings.

For landlords, this can mean more lost rent and longer disputes, which is why many choose to have a solicitor prepare and serve the notice on their behalf.

With the Renters’ Rights Act 2025 set to abolish Section 21 “no-fault” evictions from 1 May 2026, Section 8 Notices will become the main legal route for landlords to regain possession of their property. This makes understanding the grounds and process even more important for all landlords.

Once Section 21 is abolished, landlords will need to prove specific grounds for possession in every case. This means more reliance on accurate evidence, proper notice procedures, and court processes.

If you need to regain possession of your property, our litigation team can:

Contact our experienced litigation team for advice and a quote.

A Section 21 notice allows landlords to regain possession of a property without giving a reason. It is often called a “no-fault eviction”.

Important: Section 21 is due to be abolished on 1 May 2026. After this date, landlords will only be able to evict tenants by proving legal grounds, such as rent arrears, using Section 8.

This guide explains how Section 21 works, when it can still be used, and the critical deadlines you must meet.

Section 21 (no-fault eviction) – available until 1 May 2026

Section 8 (fault-based eviction) – the only option from 1 May 2026

If you need possession and are still within the allowed timeframe, Section 21 is usually the simpler route. However, its availability is limited and time-sensitive.

Section 21 is strict. One missing document or mistake will invalidate the notice.

Section 21 can only be used for assured shorthold tenancies.
You cannot serve it within the first four months of the tenancy.

If the tenancy is still within a fixed term, the notice cannot require the tenant to leave before the fixed term ends.

Before serving a Section 21 notice, the tenant must already have received:

If any of these were not provided, you should supply them before serving the notice.

If you took a deposit, it must have been:

If this was not done correctly, a Section 21 notice cannot be relied upon unless the issue is resolved.

You cannot serve a valid Section 21 notice if:

You must use Form 6A and ensure:

Errors on the form can render the notice invalid.

Once Form 6A is completed, you must give the tenant at least two months’ notice.

If posting, allow extra time for delivery when calculating the notice period.

Always keep proof of service, such as:

After this point, Section 21 will no longer be available.

If the tenant remains in the property after the notice expires, you must apply to the court. You cannot remove the tenant yourself or change the locks — this would be an illegal eviction.

You must apply to court:

Miss this deadline and the notice becomes unusable.

If the paperwork is correct and the tenant does not raise a valid defence, the court may grant possession without a hearing under the accelerated possession procedure. This usually takes 4–8 weeks.

The possession order normally gives the tenant 14 days to leave, or up to six weeks in exceptional cases.

If the tenant still does not leave, you must apply for county court bailiffs, which can take a further 4–8 weeks.

Typical timescale (if contested): 4–6 months from serving notice to regaining possession.

After 1 May 2026, landlords will need to rely on Section 8 only, which requires proof of specific grounds and usually involves a court hearing.

If you may need possession within the next 12–18 months:

Leaving this too late could remove your ability to use the faster route altogether.

Section 21 is unforgiving. A single oversight can invalidate the entire process.

Our litigation team regularly advises landlords on possession claims, reviews paperwork, and handles court applications to ensure notices are served correctly and on time.

If you need advice on regaining possession of your property, contact us for guidance.

Commercial mediation offers an effective alternative to court proceedings for resolving business disputes. Our dispute resolution solicitors at Franklins regularly advise clients on whether mediation is appropriate for their circumstances.

In this guide:

Mediation is a voluntary process in which an impartial third party – the mediator – helps the parties in dispute work towards a mutually acceptable solution. The mediator does not impose a decision but facilitates dialogue, identifies issues and explores options for resolution.

Unlike court proceedings, mediation is informal and flexible. It can take place in person or online, depending on what best suits the parties involved.

Mediation is especially effective where:

Mediation is often encouraged by courts, and in some cases, a party may face cost consequences for unreasonably refusing to mediate.

A typical mediation involves:

Yes, with very limited exceptions. Confidentiality is a cornerstone of mediation. This allows parties to be open in discussions without fear that what they say will be used in court if mediation fails. However, exceptions include disclosures relating to criminal activity or threats of harm.

The mediator acts as a neutral facilitator who:

Crucially, the mediator does not decide who is right or wrong. Their role is to help the parties reach their own agreement.

The setting can have a significant psychological impact. A neutral, comfortable and accessible venue can help reduce tension. Increasingly, online mediation has become popular, offering flexibility and reducing travel costs, especially in cross-border or remote disputes.

Mediation puts the parties in control of the outcome rather than handing it to a judge. It often leads to faster, cheaper and more amicable resolutions than litigation. Even where full agreement is not reached, it can narrow the issues and improve communication between parties.

Our experienced dispute resolution solicitors at Franklins can help you explore all your options, including mediation, arbitration and litigation.

For guidance on whether mediation is right for your dispute, contact our team today.

When a commercial tenant falls behind on rent, it can place landlords in a difficult position. Fortunately, the law in England and Wales gives landlords several options to recover arrears or take back control of their property.

Below, we outline the main routes available, along with the advantages and risks of each.

Before pursuing any remedy, landlords should consider:

Do you want to recover the arrears and maintain the tenancy, or do you want possession of the property back?

If the tenant is genuinely insolvent, some remedies may be ineffective or push them into formal insolvency proceedings.

If the tenant has breached other lease terms, forfeiture may resolve multiple issues at once.

A tenant with a good payment history may deserve a different approach than one with persistent arrears.

The terms of your lease will determine which remedies are available to you.

Taking the wrong approach can expose you to claims or waive your rights to other remedies, so legal advice is strongly recommended.

If your tenant paid a rent deposit when the lease was granted, you may be able to use this to cover arrears.

The terms of your Rent Deposit Deed will determine when and how you can draw down.

Most deeds allow landlords to withdraw funds after giving notice to the tenant, who may then be required to top up the deposit.

CRAR allows landlords of purely commercial premises to recover unpaid rent by instructing a certificated enforcement agent (bailiff) to seize and sell the tenant’s goods.

A landlord serves a 7-day enforcement notice. If the arrears remain unpaid, an enforcement agent may enter the premises and seize goods to cover the debt.

Forfeiture allows a landlord to end the lease and regain possession of the property if the tenant has breached its terms.

If the lease is guaranteed or there is a former tenant with continuing liability, you may be able to pursue them for the arrears.

You may need to serve formal notices under the Landlord and Tenant (Covenants) Act 1995 to recover from former tenants.

A statutory demand is a formal warning that, if ignored, can lead to bankruptcy (for individuals) or winding-up proceedings (for companies).

The best approach depends on your circumstances:

Because each case turns on the terms of the lease and the tenant’s financial situation, landlords should seek legal advice before acting. Wrongly exercising a remedy could expose you to claims of unlawful eviction or damages.

At Franklins, our Dispute Resolution team regularly advises commercial landlords on recovering rent arrears and enforcing their rights. We can:

If your tenant has fallen into arrears and you want to protect your position, contact our team today for clear and practical advice.