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Residential Property Possession Claims

Property possession claims can arise in various situations, causing stress and uncertainty for both landlords and tenants so understanding the legal process and following the correct procedures is essential.

There are several grounds on which a landlord can seek possession of a property, including: rent arrears – if a tenant consistently fails to pay rent; breach of tenancy agreement and expiration of fixed-term tenancy.

Before initiating legal proceedings, landlords must serve the appropriate notice to the tenant, depending on the grounds for possession. Section 8 Notices are used when seeking possession based on rent arrears or breach of tenancy agreement and Section 21 Notices are used to end an assured shorthold tenancy without giving specific reasons. However, changes in the law mean that Section 21 Notices are becoming much more restricted. Please refer to our blog on Section 21 Notices for more information.

If the tenant does not vacate the property or remedy the issue after the notice period expires, the landlord may need to apply to the court for a possession order. In cases where there are rent arrears outstanding, a money judgment can be obtained. Following the granting of an order for possession, the tenant must vacate the property within the specific time. If the tenant remains in the property, the landlord may apply to the court for a warrant.

Understanding the legal process, serving the correct notices, and following the appropriate procedures are crucial. Seeking legal advice will provide you with tailored guidance on individual circumstances and ensure compliance with the relevant laws and regulations.

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