When a landlord wishes to get possession from a tenant before the fixed term has come to an end - perhaps due to default by non-payment of rent or other grounds - it is important they understand the tenant's rights which prevent them being evicted or unlawfully harassed, to ensure additional time and costs are not incurred.
Our residential property litigation team has vast experience in advising on possession claims – this is an extremely technical area of law and any mistake with the notices, procedure or paperwork can result in the claim being struck out by the court and the lengthy process having to start again.
In addition, landlords face severe penalties for failing to use the correct legal process when trying to obtain possession of his or her property.
We can advise on the most effective routes for obtaining possession of assured and assured shorthold tenancies under the Housing Act and explain the requirements of, and risks associated with commencing possession claims through either section 8 or section 21 of the Housing Act.
Notice of intention
Whichever route is taken, the landlord is normally required to serve a notice of intention on the tenant before court action can be started. The notice varies depending on the type of tenancy, the route adopted (section 8 or section 21), and the grounds used.
We can assist with commencing possession proceedings by advising on the correct notice, completion of the appropriate forms and applications to the correct court.