Possession Proceedings Lawyers

Regain Possession of a Property

Our experienced Possession Proceedings Solicitors can help you lawfully evict tenants whilst ensuring compliance with UK legislation and minimising stress. Known for their professionalism and in-depth legal expertise, our Possession Proceedings Solicitors offer clear and affordable legal advice to guide you through your case.

As a landlord, you have legal rights to evict tenants from your property under certain circumstances. However, there are legal procedures that must be followed to ensure that you comply with the law and avoid potential issues. Our team of Possession Proceedings Solicitors is experienced in handling such cases and can help you navigate the complex legal process of regaining possession of your property.

We understand that seeking to evict tenants can be challenging and stressful, which is why we offer expert guidance and support throughout the proceedings. It is crucial to seek appropriate legal advice as failing to follow the correct procedures can result in the landlord being unable to obtain possession, incurring additional costs, and risking criminal offences such as harassment and unlawful eviction. Our team of Possession Proceedings Solicitors have the necessary experience and expertise to handle this matter and achieve the best possible outcome.

Our services include a comprehensive assessment of your case, advice on the appropriate course of action, and assistance with drafting the necessary legal documents to start the possession proceedings. We also provide representation in court if required, ensuring that your rights are protected and that the process goes as smoothly as possible. Please don’t hesitate to contact us for further assistance.

Why Choose Mounteney Solicitors?

If you’re looking for a dependable legal representation for handling possession proceedings, Mounteney Solicitors is the perfect choice for you. Our team of specialist Possession Proceedings Solicitors have been handling such cases for years and have gained a wealth of experience and expertise in this area. We understand the complexities of such proceedings and can provide you with the guidance and advice you need to achieve the best possible outcome.

At Mounteney, we take pride in our client-focused approach. We understand that every case is unique and requires a tailored approach. That’s why we provide clear and concise advice that is specifically tailored to your individual circumstances. Our friendly team will listen to your concerns, answer your questions, and provide you with the necessary support and guidance.

In addition to our expertise and client-focused approach, we also prioritise our commitment to professionalism, integrity, and transparency. We believe that open and honest communication is key to building strong relationships with our clients, and we strive to maintain this level of communication throughout every case.

So, if you’re looking for an experienced, reliable, and friendly legal representation, our Possession Proceedings Solicitors are here to help you achieve the best possible results.

What is a Possession Proceeding?

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.

Different Types of Eviction Notices

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.

What is the Possession Proceeding Process?

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.

What are the different Types of Possession Procedures?

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.

How Much Will it Cost?

We charge £525 + VAT = £630 for issuing possession proceedings. There is an additional Court fee in each case, which varies by procedure adopted (we will advise – usually £355).

Our fixed fee is for issuing the proceedings only. There will be an advocacy and arrangement fee for those procedures that require a hearing (we will discuss options and costs as they arise – we would expect an average total of about £465.00 including VAT if we were to send an LPC advocate on your behalf – which is the prefered option).

How Long Does it Take to Evict a Tenant?

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

Contact Mounteney Solicitors

If you are facing issues in regaining possession of your property and require legal assistance, our team of expert Possession Proceedings Solicitors at Mounteney can help you. We understand that the process of gaining possession can be a complex and challenging task, which is why we offer a comprehensive legal service to help you achieve your desired outcome.

Our team of experienced residential property solicitors will guide you through the entire process and ensure that your legal rights are protected throughout. We will work closely with you to understand your specific requirements and provide a customised solution that suits your needs.

At Mounteney, we believe in providing cost-effective and efficient landlord legal services to our clients. We understand that legal proceedings can be expensive, which is why we offer a transparent fee structure with no hidden costs. Our aim is to make the legal process as stress-free and straightforward as possible for our clients.

If you are looking for a reliable and trustworthy legal team to assist you with possession proceedings, do not hesitate to get in touch with us. We are committed to providing our clients with the highest standards of possession order legal services and will work tirelessly to achieve the best possible outcome for you.

We are a firm of Solicitors in Stockport and we regularly work with clients over the Cheshire area and across the UK. We have offices in Bramhall, Cheadle and Heald Green.

With over 18 years of experience in the legal sector, we deliver services with precision and reliability. Contact us today by phone or visit one of our offices.