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Possession Proceedings

To recover possession of a property from a Tenant who is in arrears or has damaged the property can take time, patience and money. We have the expertise to advise you on how to evict a Tenant legally, as quickly and as hassle free as possible.

Many Landlords fall foul of onerous legal provisions regulating the eviction of Tenants. Often this can lead to substantial delay and huge costs. Many legal provisions are mandatory and do not allow a Judge to exercise discretion, if any aspect is wrong, it cannot be cured and the whole process can be struck out and will have to be started again.

3 stages of lawfully recovering possession

To evict a Tenant there are three stages and failure to follow this correctly can lead to an action in the Civil and Criminal Courts for unlawful eviction and harassment. It pays to take advice from a professional!

1. Service of a Notice Requiring Possession/Notice Seeking Possession.

This is the first stage in recovering possession of the property. There are two Notices available, namely a Section 8 Notice or Section 21 Notice. Both have very different and complicated requirements and it is vital that advice is taken on these issues.

If any Notice is wrong, any subsequent claim for Possession may fail.

2. Possession proceedings

There are two different types of Court Proceedings available, the accelerated route and the standard route. The accelerated claim only allows for a Possession Order and Costs and does not allow a Landlord to obtain a Judgement from the Court regarding arrears.

3. Eviction

Once a Possession Order is obtained if the Tenant will not leave the property, the Landlord will need a bailiff’s warrant to enforce it. The warrant fixes a date and time for a County Court bailiff to evict the tenant and return the property to the Landlord.

On each step referred to above many legal provisions, from Protocols and Statutory Instruments to Acts of Parliament, protect Tenants rights and dictate what landlords must do.

It pays in the long term to consult a solicitor.