Residential Possession – Issues to consider for Landlords & Tenants

Landlord and tenant disputes

Lost rent plus a delay in being able to re-let your property can be a real problem. Landlords are within their rights to regain possession of their property when a tenancy agreement comes to an end or if certain terms of the tenancy agreement have been breached, such as non-payment of rent.

There are several ways to get from A to B in a residential possession claim, but this area of law is heavily regulated and requires a meticulous approach to be taken in order to succeed.

Did you know that?

  • Any notice for possession you serve on a tenant must be in a prescribed form?
  • The prescribed form required differs for different notices?
  • The notice to be utilised is based on your specific circumstances as landlord/tenant?
  • Even if you serve the correct type of notice, but fail to use the prescribed form, the legal position is that the notice was never given in the first place?
  • Strict time-limits apply to when a notice must be and can be served?
  • Once you serve a valid notice (in the prescribed form), a second time-limit will start to run requiring you to issue proceedings or start the procedure all over again?

Avoid or seek delays

Serving an invalid notice will inevitably delay the possession process, as a new compliant notice must be sent to the tenant. This essentially re-sets the clock on the minimum period of notice required to be given to a tenant in order to obtain possession (usually 2 months), which can be a serious setback to the landlord.

An invalid notice can provide a tenant with some important “breathing space”, both to prepare a strategic response to the landlord and/or to look for alternative housing for themselves and any dependants.

How we can help!

We have a dedicated solicitor-led team at KBL who specialise in residential possession claims. We conduct proceedings on behalf of landlords including individuals, companies and charities. We also deal with a number of local letting agents and estate agents to help their clients. Contact Michael Slater, Partner & Head of Litigation today for a free consultation and a review of your property issues on 01204 527777 or

All of KBL’s qualified litigation solicitors are recommended in the Legal 500 #GreatKBLSupport