Possession Order Solicitors for Court Proceedings

When a landlord gives notice to a tenant to leave the home, this is called a notice of seeking possession or a notice to quit. If they hasn’t left by the time the notice has run out, the landlord can apply to court for a court order and the tenant will receive court papers. When at court the landlord can ask the judge for an order called a possession order. There are several steps taken to recover the possession of the property:

Checking the Documentation

A landlord can only serve a valid notice and take possession proceedings when all the relevant paperwork is in place, in particular there must normally be an Energy Performance Certificate, certification of the annual gas flue check [if necessary], electrical certification, and a Deposit Certificate for any tenancy deposit. It is also worth checking the tenancy agreement itself to ensure that it reflects the correct current parties to it, has the correct dates, and reflects the money circumstances properly. Before engaging in the process, the landlord should satisfy themselves about the documentation – since any issues are bound to come out later, so should be corrected at the outset.

Serving the Tenant with Notice

The first step in possession proceedings is serving the tenant with a notice. There are two main types of notices:

Section 21 Notice: Used to regain possession at the end of a fixed-term tenancy or afterward during a periodic tenancy – without any fault on the tenant’s part.

Section 8 Notice: Applicable when the tenant has breached the terms of the tenancy, normally non-payment of rent for two months (other breaches may not be so reliable as 2 months’ rent arrears).

Issuing the Claim for Possession in Court

If the tenant does not leave by the specified date in the notice, the landlord must apply to the court for a possession order. This process involves submitting the appropriate forms and evidence to support the eviction claim.

Obtaining Possession Order

Depending on the process adopted, the Court’s own view of the circumstances including the paperwork, and the tenant’s response, the Court may make a possession order on the issue of the Claim for Possession, without listing any hearing. However there are many circumstances in which the Court’s response to the issue of a Possession Claim will be to list a court hearing at which the Court will decide whether to make a possession order or not.

Recovering the Possession

Once a possession order is granted and if the tenant still refuses to vacate, landlords can request the court for a warrant for possession, allowing bailiffs to legally remove the tenant.

At Mounteney, our Possession Proceedings Solicitors will expertly guide you through the process, with the minimal degree of stress and the optimal time frame.

There are different procedures for evicting a tenant depending on the circumstances.

What is a Section 21 Notice?

A Section 21 notice is commonly known as a “no-fault” eviction. This means that as a landlord, you do not need to provide a specific reason for seeking possession of your property. No less than two months’ notice must be given that cannot expire before the fixed term agreement expires – and you have to ensure that you have fulfilled all of your obligations before serving the notice.

What is a Section 8 Notice?

A Section 8 notice is typically used to evict a tenant who has violated the terms of their tenancy agreement. The most common violation is non-payment of rent, but the notice can also be issued for many types of breach of the tenancy, e.g. antisocial behaviour.

In case of a Section 8 notice, we will discuss the grounds for your claim and the relevant notice periods to ensure your success. Our team of experienced Possession Proceedings Solicitors can assist you at any stage, based on your requirements.

Landlords cannot legally evict residential tenants unless they have obtained a court order for possession. Once a landlord does have a Possession Order, if the tenant doesn’t move out, that Possession Order ought to be enforced by bailiffs.

Prior to applying to court for possession the landlord must serve a notice on the tenant advising the tenant that they wish to bring the tenancy to an end. Proceedings cannot begin validly until after the notice period has expired. After the notice period has expired the court’s processes for the notice routes are:

Section 21 (Expiry) without any arrears claim – Accelerated paper

Section 21 (Expiry) with an arrears claim (normally arrears are not recoverable in practice) – traditional paper

Section 8 (Breach) with or without arrears claim – Possession Claims online

We will issue the relevant litigation on your behalf; our fee does not include any subsequent litigation support work that may be required, that we will supply at our standard time rates.

Standard Possession

The standard process for a landlord to regain possession of their property from a tenant who has failed to pay rent is called the standard possession order. In order to initiate court proceedings, certain information and documents must be provided to the court in the claim form and particulars of claim. The entire process usually takes around two to three months, but the timeframe may vary based on the specifics of each case.

Accelerated Possession

Under the accelerated possession procedure, a landlord can obtain a possession order more quickly without a hearing if the tenant doesn’t file a defence. However, this procedure cannot be used if the landlord has relied on a Section 8 notice or wants to make other claims besides possession, such as for unpaid rent or property damage.

The length of time required to evict a tenant can vary depending on the circumstances. If you are evicting under Section 21, it typically takes around 1-2 months, not including the notice period. However, if you are evicting under Section 8, it can take about 2-3 months, assuming that the application is not contested. If the application is contested, it can take much longer. Therefore, the overall time frame for eviction can range from 1 month to up to 6 months, depending on the situation.

Navigating possession proceedings requires a thorough understanding of the law to ensure compliance and avoid potential legal pitfalls.

Housing Act 1988: The primary legislation outlining the grounds for eviction and the process for possession proceedings.

Protection from Eviction Act 1977: This act makes it illegal for landlords to evict tenants without a court order.

The expert Possession Proceedings Solicitors will provide you with a tailored service based on your requirements and up to date knowledge of any recent changes in the law affecting eviction procedures.

We offer bespoke legal guidance, ensuring that your actions as a landlord are both compliant with current laws and tactically sound. Our services include:

• Personalised Consultation
• Clear and Concise Explanations
• Up-to-Date Legal Advice
• Representation and Documentation
• Risk Mitigation
• Transparent Pricing