Residential Possession

• Standard Procedure - s.8 Claims (Rent Grounds)

  • The standard possession procedure (s.8 claims) is where proceedings are commenced at court seeking an order for possession based on one of the grounds under s.8 of the Housing Act 1988, schedule 2. The most common ground for possession relates to rent arrears. If the tenancy has a forfeiture clause contained within it, you might be able to use the s.8 procedure.

    In a s.8 claim at court you can seek:

    • Possession of the property
    • Rent arrears
    • Fixed recoverable costs

    The appropriate notice must be served on the tenant before proceedings are started. Once the notice has expired, the landlord is able to issue proceedings. A hearing date will then be set by the court and the Judge will determine the claim.

    The outcome of a s.8 claim can be discretionary. Depending upon the circumstances, the court may not order immediate possession. The landlord and tenant should attend the final hearing before the Judge.

    The notice and procedure is technical and the content must be compliant with the relevant legislation. Even minor defects in the paperwork can prevent the court from making an order. We have experience of handling s.8 claims and a solicitor will be responsible for your case so you can expect expert advice from start to finish.

• Accelerated Possession - s.21 Claims

  • The accelerated procedure is a claim for possession only. Landlords can not obtain an order for rent arrears using this procedure.

    The basic requirement for possession under this procedure is that proper notice has been given to the tenant and the tenancy has come to an end. Proceedings can commence when the appropriate notice has been served and has expired. The advantage of s.21 procedure is:

    • The Judge will decide the outcome on the paperwork alone
    • This procedure usually results in an earlier decision, without the need for a hearing
    • If done properly, possession will be granted automatically

    The content of the notices and the proceedings must be compliant with the relevant legislation. Even minor defects in the paperwork can prevent the court from making an order and significantly delay possession. With s.21 proceedings, if the claim or notice is not valid, it is likely to delay obtaining possession by more than 2-3 months.

    A landlord must have protected the deposit paid by the tenant in a regulated tenancy deposit scheme and have provided the tenant with prescribed information within 30 days of the deposit being paid. If the landlord has failed to do this, any s.21 notice will not be valid.

    We operate a fixed fee service and can take care of the entire process for you handling, drafting and serving the notice and then preparing the proceedings if the tenant fails to vacate. A solicitor will be responsible for your case from start to finish.

Frequently Asked Questions

• How much will it cost?

  • We operate a fixed fee service for un-defended claims. We are always happy to have a no-obligation chat at the outset to discuss your case.

• What happens if my tenant refuses to leave?

  • If the tenant refuses to vacate the property after the proper notice has been given, you will issue possession proceedings at court to seek an order for possession.

• How long will the tenant be given to vacate by the court?

  • Usually within 14 days of the date of the Possession Order. Although in cases of exceptional hardship, a court may afford the tenant up to 42 days.

• How long will it take?

  • No two cases are identical. The process of obtaining possession will depend on a number of issues. Firstly, the type of procedure used; secondly, whether the tenant leaves voluntarily; and thirdly, how quickly the court processes the claim. Most of these factors will not be within our control. However, we aim to issue proceedings promptly so as to minimise any delay.

    In s.21 claims, after the appropriate notice has expired, the period from the point of issuing the claim to the date of the Possession Order will approximately be 6 to 8 weeks. In s.8 claims the period from the point of issuing the claim to the date of the Possession Order is approximately 8-10 weeks. However, if the tenant fails to vacate and a court bailiff needs to be appointed, the process of actually obtaining possession will take longer.

• Will I have to attend court?

  • We will represent you at court. However for s.8 claims, the landlord should attend if possible.

• Is a warrant for possession necessary to remove tenants?

  • If the tenant fails to leave the property after a possession order is made, then a Warrant for Possession will be required. A court bailiff will then be appointed to execute possession on a specified day, with police assistance if necessary.

• Do you only operate locally?

  • No. We can handle possession claims relating to properties located throughout England and Wales.