UK Possession Laws and the Possession Process
UK possession laws and the possession process are complicated. In this blog, our Landlord and Tenant Lawyers explain the process and how OTS Solicitors can help you regain possession of your property.
Appointments are available at our offices in central London, by phone, or online consultation.
The process to regain tenanted property
Under current housing law, a landlord must follow eight specific steps to regain possession of their rental property. If a landlord fails to follow these steps, they may be accused of landlord harassment or illegal eviction. That will slow down or stop the possession process.
The eight steps to regain possession of a rental property where a tenant won't leave voluntarily are:
- Service of a Section 21 notice or Section 8 notice.
- Apply to the court for a possession order.
- Consider any defence to the possession claim and counter-claim by the tenant.
- In a Section 21 notice or no-fault eviction claim, the court can make an accelerated possession order without the need for a court hearing. In a Section 8 notice and possession claim, the court will schedule a possession hearing.
- The court makes a possession order if it is satisfied with the landlord’s claim and gives a date by which the tenant must vacate the rental property.
- If the tenant does not leave the property by the court-ordered date, the landlord can apply to the court for a warrant or writ of possession.
- The tenant can apply to suspend the warrant or writ. If the court refuses the suspension application, or after the suspension period has expired, the landlord can request that the county court bailiff or a High Court Enforcement Officer (HCEO) enforce the warrant or writ and evict the tenant.
- An eviction date is set. The tenant must usually get at least 14 days' notice of the eviction date from the bailiff or HCEO.
Alternative dispute resolution and possession claims
The court encourages landlords and tenants to use mediation or alternative dispute resolution before initiating possession proceedings, but landlords may be wary of investing significant time in alternative dispute resolution if it is perceived as a delaying tactic by a tenant.
A landlord may be sure that they require a possession order after a tenant’s long history of anti-social behaviour or late payment of rent, or because the landlord’s circumstances mean they need to sell the property, and hence need to serve a Section 21 notice.
Alternative dispute resolution can be helpful in situations where a landlord wants to continue renting a property, and the history indicates that the relationship between landlord and tenant has not completely broken down, or there is a tenant disrepair claim and potential defence, making the possession claim less straightforward.
Landlord and Tenant Solicitors recommend that landlords consider the tenant’s circumstances before dismissing the idea of alternative dispute resolution. For example, in a no-fault eviction, a tenant may leave voluntarily if the landlord or their agent can assist them in securing an alternative tenancy. Alternatively, the landlord may be willing to allow the tenant to stay while the property is marketed for sale, as this suits both the landlord and the tenant.
In other situations, a Landlord Lawyer may advise a landlord that it is best to initiate possession proceedings as soon as possible and obtain an eviction order. For example, where a tenant is hoping to be allocated local authority accommodation and has been told they will make themselves intentionally homeless if they voluntarily leave the rental property without an eviction order.
Delays in possession proceedings
Unfortunately, many landlords have encountered delays in possession proceedings because of court backlogs.
To avoid delay, Landlord and Tenant Lawyers usually recommend serving a Section 21 notice and commencing no-fault eviction possession proceedings rather than serving a Section 8 notice and making a claim for possession based on a specific ground. That’s because no-fault evictions allow for accelerated possession proceedings provided the landlord is not claiming for rent arrears.
Landlords should seek legal advice on landlord and tenant law before serving a Section 21 notice to ensure that the tenancy agreement is an assured shorthold tenancy and that they are entitled to serve a valid Section 21 notice. If they are unable to do so, this will delay possession.
Legal advice for landlords
Regrettably, it is sometimes necessary to start possession proceedings against a tenant. Whether the tenant is prepared to leave voluntarily or will only go after an eviction order is made, this can be a stressful and challenging period for both the landlord and the tenant.
It's important that landlords take legal advice from Tenant Eviction Solicitors on possession claims and the eviction process to ensure:
- They serve the correct prescribed notice with the proper notice period.
- The notice is valid.
- They reduce the risk of a revenge eviction defence and tenant disrepair claim.
- They reduce the risk of the tenant making claims of landlord harassment and illegal eviction.
- They obtain advice on the correct notices and prescribed forms to initiate the claim, as well as the required evidence.
- They get the advice needed on any defence and counterclaim.
- They are represented in the possession proceedings to increase the prospects of the judge granting a possession order where discretionary grounds are used.
- To reduce the likelihood of the court agreeing to suspensions of the possession order and eviction dates.
The Landlord Lawyers at OTS Solicitors are experienced and efficient in advising on possession claims, helping landlords reclaim property, and explaining the rights and obligations of landlords.
Contact our specialist UK Landlord Lawyers for expert legal advice on landlord rights.
Appointments are available at our offices in central London, as well as by phone or online consultation.
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