Landlord Possession Proceedings

 

Landlord Possession Proceedings

Landlords often find themselves needing to recover possession of a residential rental property. There are a number of reasons why this might be the case including rent arrears, the tenant breaching the tenancy agreement or perhaps the landlord wants to sell the property. Unfortunately, the law is seemingly in favour of the tenant in these circumstances and however much you would like to, you cannot just change the locks and kick the tenant out onto the street.

What Are The Steps You Can Take To Recover Possession Of The Property?

There are potentially three steps you can take to recover your property:

▪ Serve notice on the tenant that possession is required

▪ Issue a claim for possession in the county court

▪ Recover possession after judgment

Careful consideration needs to be given to all of these options and Blackstone Solicitors can talk you through the pros, cons and mechanisms of all of them.

Are There Different Procedures For Different Types of Tenancy?

The most common type of tenancy is called an assured shorthold tenancy (ast). However, there are other types of tenancies including:

  • excluded tenancies or licences
  • assured tenancies
  • regulated tenancies

The exact procedure for eviction may vary based upon the nature of the tenancy and its terms.

Assured Shorthold Tenancies (ASTs)

There are 2 types of assured shorthold tenancies:

  • ‘periodic’ tenancies – these run week by week or month by month with no fixed end date
  • fixed-term tenancies – these run for a set amount of time

You must follow a set process if your tenants have an assured shorthold tenancy:

  1. Give your tenants a Section 21 notice if you want the property back after a fixed term ends. Give them a Section 8 notice if they’ve broken the terms of the tenancy.
  2. Apply to the court for a standard possession order if your tenants do not leave by the date specified on the notice and they owe you rent. You can apply for an accelerated possession order if you’re not claiming any unpaid rent and are simply seeking possession following a S21 notice.
  3. Apply for a warrant for possession your tenants still will not leave – this means bailiffs can physically remove the tenants from your property.

Within this process, there are clauses and exceptions which must be adhered to. The process is very procedurally based and cases are often dismissed at court for seemingly minor mistakes in the application forms.

Free Initial Telephone Discussion

For free advice and a quote get in touch with us today. Simply call us on 0161 929 0121 or complete our online enquiry form and a member of the team will get back to you.

Whatever your particular need, the team at Blackstone Solicitors can help.

How we can help

Using our experience and wealth of knowledge, we are able to offer expert advice in evicting tenants in a cost effective and efficient manner.

We are able to explain clearly the legal issues and provide open, honest and professional advice.

How to make contact

To speak to our solicitors today, simply call us on 0161 929 0121, or allow a member of the team to get back to you by filling in our online contact form. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.

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