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Residential Possession
Our specialist possession team provide commercial, pragmatic and strategic advice tailored to meet your needs and objectives.
Lead Contacts
What is Residential Possession?
Residential possession is the process of recovering possession of a property that is rented under a tenancy agreement from a Tenant, on behalf of a Landlord.
Landlords may wish to recover possession of a property where the Tenant has breached the tenancy agreement – such as a failure to pay rent or damage/deterioration of the Property – or simply where the Landlord wishes to stop renting the Property, but cannot agree a surrender of the tenancy with the Tenant.
When recovering possession of a rented property you need a team who are experts in dealing with residential possession matters and who will act in a responsive and efficient way for you.
If you are looking to recover possession of one of your properties, please contact one of our experts. We can work with your letting agent and provide advice as to how best to recover possession of your property. We will identify any legal issues that could arise at the time as well as those which could become apparent further down the line. Our specialist possession team will guide you at all stages including, if necessary, through the Court system.
Areas of Specialism
Our Property Litigation experts have extensive experience in residential possession matters which will ensure that you are fully advised on how you may best recover possession of your property in a way that is the most advantageous to you, including: –
- Section 8 notices on all grounds under the Housing Act 1988, as amended;
- Section 21 notices under the Housing Act 1988, as amended;
- Issuing claims at Court to commence possession proceedings using the ordinary and accelerated routes;
- Advising of potential counterclaims or defences that are submitted;
- Executing Warrants of Possession to evict a tenant by way of a bailiff;
- Preparation of Abandonment and Torts notices;
- Obtaining money judgments for arrears of rent; and
- Enforcing a money judgment for arrears of rent.
INSIGHTS
Insights
25th September 2024
HMOs and the potential differing liabilities of joint landlords
In the recent case of Shorr and Ro v London Borough of Camden [2024] UKUT 202 (LC), the Upper Tribunal
Insights
23rd September 2024
Case Law Update: Can a Landlord Serve the Prescribed Information Before the Tenant has Paid the Deposit?
Where a landlord takes a security deposit from their tenant in connection with an assured shorthold tenancy agreement, the landlord
11th September 2024
The Renters Rights Bill and the proposed Section 8 Grounds
There are two most used methods to obtain possession of residential properties let under an assured shorthold tenancy. Those are,
