Residential Property Possession Proceedings
As a landlord, you will have the right to take back possession of a property you are renting out to a residential tenant, but how and when you can do so will depend on several factors. The process can be complex, so that it is vital that you have the right lawyers representing you and it is very important that you seek legal advice as early as possible.
We are very experienced in all kinds of residential possession proceedings, and well known for helping both landlords and tenants with possession claims. Our team can help guide you through the process, ensuring you are working within the law and that the situation is handled correctly and fairly, protecting you from any repercussions for mishandling in the future.
How can a landlord evict a tenant?
If you are letting a property to a residential tenant who does not leave when you ask, then in most cases you will need to obtain, and enforce, a Court order. The main exception to this is for certain “live-in” landlords who share bathroom and/or kitchen facilities with their tenants. Even then, there may be legal complications in trying to evict without a court order.
The requirements for obtaining a court order will depend on the kind of tenancy. For private landlords, the most common kind of tenancy is an Assured Shorthold Tenancy.
An AST landlord has a right to a possession order if he/she has served a valid “Section 21” notice (a notice meeting the requirements of Section 21 Landlord and Tenant Act 1988). However, the process is highly regulated, and there are a number of technical pitfalls which could lead to the Section 21 notice being invalid. Even minor errors in the paperwork may prevent a Court from granting a possession order or lead to significant delays and costs.
That’s where the help of an experienced solicitor is useful. Our team of property dispute solicitors are highly experienced in advising landlords on their rights and obligations, in order to minimise void periods and protect property investments. They can ensure all paperwork is filled out and submitted correctly, so that you have the best chance of a successful court hearing and evicting your tenants.
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Why choose Hodge Jones & Allen solicitors?
Our residential property dispute team have plenty of experience in landlord possession proceedings and will be best placed to help you through this process.
We know that residential possession proceedings can sometimes be drawn out, but we’ll always be on hand to lead you through the process and ensure it is completed fairly.
We understand costs plays a great part in thinking about bringing a claim. Our lawyers will explain the different arrangements and help you make the right decision for you.