BUSINESS OBJECTIVES ACHIEVED
We help you recover possession of your property legally and in a sensitive and speedy manner. There are four main stages involved in this:
This is a critical step. Before embarking on a possession claim, it is very important that a landlord has all the correct documentation in place and has complied with strict, mandatory legal requirements relating to deposits (if taken), prescribed information, how to rent guides, Energy Performance Certificates, gas safety requirements, amongst others.
Once we have carefully looked at your documentation and assessed the situation you are in, we will clearly advise you of exactly what options are open to you and recommend a course of action. We will also highlight any potential defences, issues or counterclaims, which the tenant may raise and what that will mean for you.
After identifying the appropriate course of action to take, we will draft and serve the correct form of notice required by law to start the possession process.
If, after the expiry of the Notice the tenant remains in occupation, it will be necessary to commence Court Proceedings to seek an eviction Order. The eviction Order is required by law to enforce the eviction of the tenant if that becomes necessary.
Should a landlord embark on a course of action to evict a tenant which is not lawful, they will be at risk of committing a criminal offence under the Prevention from Eviction Act 1977 leading to compensation payable to the tenant, risk of imprisonment and/or a fine and the tenant being reinstated at the property. This highlights how critical it is to follow the correct procedure.
There are two main types of Court proceedings:
After the court process has been concluded successfully, the Judge will make a Possession Order requiring the tenant to vacate the property within a fixed period of time. In s.8 claims based on rent arrears, the Possession Order will also require the tenant to pay rent arrears.
Once the deadline in the Possession Order has passed, the tenant should have vacated the property and handed back the keys. Unfortunately, in some instances, the tenant will remain in occupation of the property after the date in the Possession Order. This will make the tenant a trespasser and it will be necessary to instruct a bailiff and high court enforcement officer to have conduct of the eviction itself.
We will take care of instructing the Bailiff and guiding you through this last stage.