Possession Proceedings Solicitors
Possession proceedings are legal processes through which a landlord seeks to regain possession of a rental property from a tenant.
This can happen for various reasons, including rent arrears, breach of tenancy terms, or the end of a fixed-term tenancy.
Possession proceedings involve serving the appropriate notice to the tenant, potentially followed by a court application if the tenant does not vacate the property voluntarily.
For landlords, understanding possession proceedings is important to comply with legal requirements and avoid delays or additional costs.
It's also important that tenants know their rights and possible defenses against eviction.
Lawhive offers expert legal assistance to guide both landlords and tenants through possession proceedings. Our services include:
Clear, straightforward advice tailored to your situation;
Making sure all notices and legal documents are correctly completed and served;
Representing you in court;
Compliance with all legal requirements.
We understand that possession proceedings can be confusing and daunting. That's why we're here to help you every step of the way. Whether you're a landlord needing to reclaim your property or a tenant wanting to understand your rights, we explain everything in plain English, avoiding legal jargon and complexities. Our goal is to make the process as smooth and stress-free as possible for you.
For landlords, we help you understand your responsibilities and ensure you follow the correct procedures. For tenants, we explain your rights and help you know what steps you can take if you face eviction.
If you need help with possession proceedings, contact us today.
Our experienced network of landlord and tenant lawyers is on hand to provide the support you need to protect your rights and achieve the best possible outcome.
What are possession proceedings?
Possession proceedings are legal actions taken by landlords to regain possession of their property from tenants. These proceedings are typically started when a tenant doesn't leave the property voluntarily after being served with an appropriate notice.
Possession proceedings in the UK are governed by several laws and regulations, including:
Housing Act 1988
This act governs assured and assured shorthold tenancies, outlining the grounds on which a landlord can seek possession of a property.
These grounds from mandatory grounds, such as rent arrears or property damage, to discretionary grounds where the court has the discretion to grant possession based on the circumstances.
Housing Act 2004
This act introduced measures like the Tenancy Deposit Scheme, which protects tenants' deposits and outlines the process for returning deposits at the end of a tenancy.
Protection from Eviction Act 1977
This act protects tenants from illegal eviction and harassment by making it a criminal offence to unlawfully evict or harass a tenant.
Landlord and Tenant Act 1985
The Landlord and Tenant Act 1985 sets out the obligations of landlords regarding the maintenance and repair of the property.
Possession proceedings might sound complex, but they're essentially the legal steps a landlord takes to reclaim their property when a tenant won't leave under their own steam.
For landlords, it's important to know the correct procedures to avoid legal pitfalls when you need to regain your property.
Types of possession notices
For a landlord to legally evict a tenant, they must serve the appropriate notice. There are two main types of possession notice:
Section 21 Notices: Used by landlords to regain possession of their property without needing to provide a reason;
Section 8 Notices: Used by landlords to evict tenants who have breached the terms of their tenancy agreement.
Knowing which notice to use and how to serve it correctly is vital as certain requirements and conditions must be met for them to be valid. For example, landlords can't serve a Section 21 notice if they haven't protected the tenant's deposit in a government-approved scheme or if they haven't given tenants the prescribed information.
As such, before starting possession proceedings, it's important to check which notice you can serve and engage a landlord and tenant lawyer to help you do so correctly. At Lawhive, we offer eviction consultations to support this.
Contact us for more information and a free fixed-fee quote.
What are the steps involved in possession proceedings?
Possession proceedings follow a structured process to ensure fairness to both landlords and tenants. It involves:
Serving the appropriate notice;
Filing a claim for possession;
Court hearing.
It is only necessary for a landlord to file a claim for possession if the tenant does not vacate the property after the notice period.
If, following the court hearing, a judge finds in favour of the landlord, a possession order will be granted, specifying when the tenant must leave.
Alternatively, the judge may issue a suspended possession order or find in favour of the tenant and dismiss the application for possession.
If a possession order is issued and the tenant doesn't leave by the date specified, the landlord can apply for a warrant of possession, which allows bailiffs to remove the tenant.
What are the current grounds for possession?
In the UK, grounds for possession are divided into two categories:
Mandatory grounds
Discretionary grounds
Mandatory grounds for possession
Mandatory grounds are specific conditions under which the court must grant possession if the landlord can prove the ground applies. Some key mandatory grounds include:
The landlord previously lived in the property as their main home and now wishes to return;
The property is subject to a mortgage taken out before the tenancy, and the lender is repossessing the property to sell it;
The tenant is in serious rent arrears at the time of serving notice and at the time of the court hearing.
For point three, the tenant must owe at least eight weeks' rent if paying weekly or fortnightly, or two months' rent if paying monthly.
Discretionary grounds
Discretionary grounds are conditions where the court has the discretion to grant possession, depending on the circumstances. Some key discretionary grounds include:
The tenant has some rent arrears at the time of serving the notice and at the time of the court hearing;
The tenant has persistently delayed paying rent, even if they are not in arrears at the time of the court hearing;
The tenant has breached any term of the tenancy agreement, other than paying rent;
The property has deteriorated due to the tenant's neglect or the actions of someone living with them;
The tenant or someone living with them has caused a nuisance or annoyance to neighbours, engaged in criminal activity, or used the property for illegal purposes.
Knowing and understanding the grounds for possession helps landlords know when they can lawfully seek to regain their property.
For comprehensive legal assistance and advice on possession proceedings, contact us. Our experienced network of landlord and tenant lawyers is ready to guide you through the legal process and make sure your rights are protected every step of the way.
Tenant defences in possession proceedings
In possession proceedings, tenants have the right to challenge the landlord's claim for possession. Common defences they can raise include:
The landlord did not serve the notice correctly or used the wrong form;
The notice did not provide the correct notice period or lacked the required information, making it invalid;
The landlord failed to protect the tenant's deposit or did not provide the prescribed information about the deposit protection scheme;
The landlord did not provide the tenant with the required documents such as the Energy Performance Certificate, gas safety certificate, or the "How to Rent" guide at the start of the tenancy;
That possession proceedings were started in retaliation for raising complaints about the condition of the property;
That rent arrears are due to delays in receiving housing benefit payments;
That granting possession would not be reasonable under the circumstances (for discretionary grounds).
Tenants can also raise counterclaims in possession proceedings, which can significantly impact the case's outcome. Common counterclaims by tenants include:
Claims for damages if the landlord has failed to carry out necessary repairs, resulting in poor living conditions;
Claims that the landlord has breached their right to quiet enjoyment of the property;
Claims that the landlord has harassed them, such as threats or physical intimidation;
Claims that the landlord attempted to evict them without following the proper legal procedures, amounting to illegal eviction.
What are the typical costs involved in possession proceedings?
Typical expenses landlords might incur during possession proceedings include:
Solicitor fees for drafting and serving the appropriate notice and legal representation;
Fees for filing a possession claim either via the standard procedure or the accelerated possession route;
Court hearing fees;
Enforcement costs for bailiff services.
How long do possession proceedings take?
The timeframe for possession proceedings can vary depending on several factors, including the type of notice served and whether the case is contested.
Serving notice
Notice Type | Notice Requirements |
|---|
Section 21 Notice | Minimum of two months' notice. |
Section 8 Notice | From two weeks to two months, depending on the grounds for possession. |
Filing for possession
Filing a possession claim with the court typically takes a few days to a week.
Court hearing
For standard possession claims, a court hearing is usually scheduled within 6 to 8 weeks from the date of filing.
The accelerated possession claim process is typically faster, with a decision often made within 4 to 6 weeks, as it is usually based on written evidence without the need for a court hearing.
Enforcing a possession order
The process of obtaining and enforcing a warrant of possession usually takes an additional 2 to 4 weeks, depending on the availability of bailiffs.
Common issues in possession proceedings
Understanding common issues in possession proceedings can save you time, stress, and money. Below are some frequent problems and tips on how to avoid them.
Problem | Solution |
|---|
Incomplete or incorrectly filled documentation | Ensure all forms (such as Section 21 or Section 8 notices) are completed accurately and have a solicitor review the documents before submission. |
Serving notices incorrectly or failing to adhere to the correct notice period | Ensure the notice period complies with current regulations and serve notices via an accepted method, such as personal service, post, or using a professional process server. |
Tenant retaliation | Ensure all issues are documented and addressed properly. |
How might changes to the law affect possession proceedings?
The Renters (Reform) Bill was slated to be one of the most transformative pieces of legislation for landlords and tenants, proposing to abolish 'no-fault' evictions. However, the Conservative government wasn't able to live up to this promise before losing to Labour in the 2024 General Election.
In its place comes the Renters' Rights Bill, which doubles down on the intention to ban no-fault evictions and promises new possession grounds for landlords, amongst other changes.
When and how this will be implemented, however, remains to be seen, with no clear timetable in place - however, Labour's manifesto did suggest that the abolition of Section 21 notices would be immediate rather than phased in.
Therefore, if you're a landlord or a tenant, watch this space for further information!
How can Lawhive help with possession proceedings?
Possession proceedings can be complex and stressful for both landlords and tenants.
At Lawhive, we offer expert legal services to get through these processes smoothly. Our goal is to provide clear, straightforward guidance and support to ensure your rights are protected and legal requirements are met.
For landlords
Our network of landlord lawyers can help you understand the different types of possession proceedings and ensure all of your legal documents are correctly prepared and served, reducing the risk of delays or dismissals in court.
Your lawyer can draft and serve the appropriate notice for your tenant and handle the application process for possession orders, ensuring all necessary paperwork is correctly completed and submitted.
Should you need it, your lawyer can also provide representation in court, advocating on your behalf to secure a possession order.
For tenants
Our network of tenant lawyers offers detailed advice on your rights as a tenant, including how to challenge unjust possession claims and defend against unlawful evictions.
Your lawyer can help you prepare a strong defence and file counterclaims for things like housing disrepair, if necessary.
Lawhive combines the expertise of a traditional law firm with the efficiency of a tech platform, allowing us to offer high-quality legal services at a fraction of the cost.
We also provide clear, up-front pricing with no hidden fees, so you know exactly what to expect.
From initial eviction consultation to court representation, we offer a full range of services to support you through every stage of possession proceedings.
Contact us today for a free case evaluation and quote for the services of a specialist lawyer.