Whether you are a commercial or residential landlord, the possession claims process can be time consuming and expensive. Evicting a tenant is never an ideal outcome, but repossessions are sometimes sadly inevitable.
This is where the Dispute Resolution team at Nash & Co Solicitors come in. We can help you every step of the way from providing initial advice, drafting and serving the suitable notice to issuing proceedings and enforcing a possession order if your tenant or the mortgagor fails to leave the property.
“No one ever enters in to a tenancy agreement with the prospect of a dispute arising. However, as a residential or commercial landlord, unfortunately disputes with tenants can become a very real problem. The effect of a dispute can be limited early on by taking prompt advice and guidance.”
Possession proceedings – what you need to know
As a landlord, you have the right to evict a tenant and take back possession of your property if they fail to pay rent or violate their tenancy agreement. You can take several steps to help you recover your property. These steps include:
- Notice: The first step is to serve notice to the tenant. The notice is in the form will be in the form of a section 8 or section 21 order. In many cases, this is enough to encourage the tenant to vacate the property, negating the need for further measures.
- Claim for Possession: If the tenant does not vacate the property by the date specified in the section 8 or section 21 notice, we can then file a claim for possession of the property. This possession claim is lodged with the Courts and followed by a hearing. Following the hearing, tenants have a fixed time in which to vacate the premises.
- Enforcement: If the tenant fails to move out by the date ordered by the court, the next step is enforcement. Enforcement means that bailiffs can be sent to the property to evict the tenant, enabling landlords to regain possession.
Issuing a possession order can be complex. However, our team of expert property solicitors are on hand to help you every step of the way.
Why choose Nash & Co Solicitors?
Our Property Disputes team have a wealth of experience in dealing with a wide range of property matters for both commercial and residential clients. Our experience means we have the skills and knowledge to work on even the most complex possession claims.
We know that no one wants to deal with long and drawn-out processes. This is why our aim is to provide cost effective and fully tailored solutions that meet our client’s needs. We pride ourselves on delivering practical and pragmatic legal advice that’s solutions focused.
Our team have experience in dealing with all manner of possession claims, including:
- Mortgage repossessions
- Section 8 notices
- Section 21 notices
- Notice to quit (periodic tenancies / licences)
- Section 146 notices
- Issuing possession proceedings
- Commercial possession
- Enforcing judgment
If you require advice – no matter what stage of the possession claims process you are at – please do not hesitate to contact us to discuss the options available to you. Please contact Amelia Pine by phone on 01752 827089 or email her at [email protected].
Please note, we recommend that residential tenants who are affected by possession claims to contact Shelter in the first instance. The charity provide free, effective legal advice to those facing eviction.