Residential Possession Proceedings

Dispute Resolution

Residential Possession Proceedings are typically initiated by a landlord against a tenant due to the expiration of a tenancy agreement, a breach of its terms, or trespassing and where the landlord wishes to re-gain possession of their property. It is a criminal offence to evict a tenant from a property without following the correct legal procedure. The proper eviction process must be followed and the safest approach is to obtain a possession order from the court. The process is governed by strict legal frameworks, including the Housing Act 1988, which aim to ensure fairness for both landlords and tenants.

 

Our solicitors are experts in Residential Possession Proceedings and eviction matters. We act for both landlords who are looking to evict tenants and tenants who are being evicted and who wish to defend those proceedings. At times, the procedure may become complicated, especially if a tenant defends the proceedings and makes their own claim against the landlord, which sometimes happens due to a breach of the tenancy agreement by the landlord.

 

The process usually involves the following main steps (when acting for a landlord), as follows:

  1. Checking Compliance: In the first instance, we will check the terms of the Assured Shorthold Tenancy Agreement (‘AST’) and whether the landlord has complied with the relevant rules and regulations relating to residential tenancies.
  2.  

  3. Serving Notice: The next step is serving the correct notice to the tenant. This may involve a Section 21 notice for no-fault evictions or a Section 8 notice when specific grounds, such as rent arrears or property damage, apply. The notice will specify the date on which the tenant must vacate the property.
  4.  

  5. Court Proceedings: If the tenant fails to vacate, the landlord will need to initiate court proceedings. We assist with drafting and submitting the Claim Form and all necessary documents, ensuring compliance with legal requirements. The Court will list a short hearing at which it will decide upon whether to grant Possession Order. If the tenant does not defend the proceedings, and everything else is in order, the Court will usually grant a Possession Order. If the tenant defends the proceedings, or makes a counterclaim, then we will address that, potentially file a reply and/or defence and it will often be the case that the Court will set directions – being certain steps which the parties need to comply with before the Court lists the matter for a final hearing. If this happens, then the procedure becomes much more complicated and will take more time.
  6.  

  7. Possession Order: Once the Court grants a Possession Order, the tenant will be given a deadline to vacate. If they remain in the property after that deadline, we can help enforce the order through County Court Bailiff action, which may take a few more weeks. If there is a good reason as to why the tenant must vacate very quickly, then we will consider whether the process needs to be transferred to the High Court for a more speedy eviction by a High Court Enforcement Officer.

Whether you’re a landlord seeking to regain possession of your property or navigating a dispute with tenants, our experienced solicitors are here to guide you through every step of the process.

Section 8 and Section 21 Notices to Terminate an AST

An Assured Shorthold Tenancy (AST) is a type of tenancy agreement between a landlord and tenant for the letting of a residential property on a short-term basis. An AST will grant landlord the right to take possession of their property after the fixed term period ends.

 

A landlord may seek to remove a tenant and terminate the AST before the fixed-term period expires by serving a Section 8 notice on the tenant.

 

Section 8 Notices are issued when a tenant has breached the terms of their AST. A landlord must rely on specific grounds outlined in law, with some carrying carry greater weight and a higher chance of obtaining possession.

 

Section 21 Notices allow a landlord to regain possession without need to prove the tenant is at fault. There are no grounds required for issuing a Section 21 Notice but there are specific statutory obligations which must be complied with to ensure a valid Section 21 Notice is served.  To find out more, get in contact with us and one of our team will be able to assist you.

Accelerated Possession Proceedings

If a tenant remains in the property beyond the date specified by their AST, the landlord should apply to the court for an eviction order using the accelerated possession proceedings. This streamlined process typically bypasses hearings, enabling the landlord to regain possession more quickly and accommodate a new tenant sooner.

Problems with Tenants

Landlords may encounter issues with tenants, for example: non-payment of rent; or unauthorised alterations without the landlord’s consent. Seeking advice on potential remedies can help to maintain a good relationship with tenants.