As a landlord, there are various valid reasons why you might want to recover possession of your property from your tenant. However, following the proper legal procedures is crucial. If you deviate from them, you may face fines or even imprisonment. Possession claims can be complex, so it’s imperative to work with experienced landlord and tenant solicitors like ours when pursuing one.
Our experienced landlord and tenant solicitors are well-versed in the intricacies of possession claims, and routinely assist landlords in such matters. With our expert support and guidance, you can regain control of your property quickly, cost-efficiently, and in accordance with the applicable laws.
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When Might You Want To Make A Possession Claim?
Landlords usually want to recover possession of their property for one of the following reasons:
- Their tenant is in arrears of rent.
- Their tenant is unlawfully subletting the property.
- Their tenant has allowed the property to fall into disrepair.
- Their tenant is in breach of another term of their Tenancy Agreement.
- The landlord wishes to sell the property.
How Do You Make A Possession Claim?
Possession claims require a landlord to follow a series of prescribed steps. They are as follows:
• Serving Notice On The Tenant.
The first and most crucial step in possession claims is serving notice on the tenant. There are two main types of possession notices, known as section 21 notices and section 8 notices.
You must use a section 21 notice when the tenant is not in breach of any terms of their Tenancy Agreement. The process is known as a ‘no fault’ eviction. You can use a section 21 notice to end a tenancy either at the end of a fixed term tenancy or during a periodic tenancy which has no fixed end date. You must give the tenant no less than two months’ notice of your intention to carry out a no-fault eviction.
You must use a section 8 notice when the tenant is in breach of an obligation under their Tenancy Agreement. Examples of common breaches include non-payment of rent, damaging your property, and using the property for criminal activities. Section 8 notices can be issued at any point during a tenancy, provided your reasons are valid.
• Issue A Possession Claim.
Your eviction notice will contain a date by which the tenant must leave the property. If the tenant has not vacated by the date listed, you can apply for a possession order at court. You do so by completing a claim form and sending it to the appropriate county court.
• Obtaining A Possession Order.
When the county court receives your possession claim, they will usually set a hearing date. However, in straightforward cases, they may decide the matter based on the paperwork. Any hearing set will usually be listed for between four and eight weeks after the court issues your possession claim.
If your claim is successful, the court will make a Possession Order. In the Possession Order, a date will be stated by which the tenant must vacate the property.
• Enforcing A Possession Order
If your tenant has not vacated the property by the date stated in the Possession Order, you can enforce the Order by applying to the court for a ‘warrant of possession’. A warrant of possession is a legal document that gives bailiffs permission to remove the tenant from the property.
What Are The Risks Involved In Possession Claims?
The law in relation to possession claims is complicated and heavily in favour of the tenant. Therefore, it’s vital that you follow the correct procedure and that your possession claim is valid and correctly prepared. If it is not, you risk losing the case and being unable to regain control of the property and ordered to pay the tenant’s costs.
Moreover, in some cases, taking back possession of your property without following the correct procedures is a criminal offence carrying a punishment of up to two years imprisonment, an unlimited fine, or both.
The best way to avoid falling foul of the law governing possession claims is to seek expert legal advice as soon as you decide to evict your tenant and regain control of your property. Our landlord and tenant solicitors are recognised experts in bringing possession claims on behalf of landlords. We will ensure that you follow the proper procedures and that your documentation is accurately prepared and properly served. If your tenant defends the possession claim, we will prepare a robust case that gives you the best chance of securing control of your property.
Please call us now on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.
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