Possession proceedings

What is involved?

You have invested money in Buy to Let properties and your Tenant will not leave when he should or owes you Rent – that costs you time, money and energy so contact us for expert assistance in achieving the best possible outcome in the shortest possible time.

Usually our Clients want to issue Possession Proceedings in relation to Assured Shorthold Tenancies because

  • their Tenant has failed to pay the Rent during the course of the Tenancy or
  • the Tenancy has come to an end and the Tenant refuses to leave the property

There are other grounds on which Possession Proceedings can be taken. Call Paul Edels to discuss the circumstances surrounding your claim and get his advice as to the likelihood of success and the best course of action to follow.

You will be quoted a Fixed Fee so you can be sure of the cost at the outset and you can make an informed decision before commencing action.

Non-Payment of rent

When your Tenant is two months in arrears with the Rent you are entitled to commence Possession Proceedings. A Notice (known as a “Section 8 Notice”) needs to be served on the Tenant.

If your Tenant does not respond to the Notice we will issue Proceedings to gain possession of your property and recover rent arrears.

Possession at the end of an assured shorthold tenancy

If you have validly served a valid Section 21 Notice then at the end of the fixed term you are entitled to issue Possession Proceedings, and if necessary, claim for any unpaid rent.

Accelerated possession procedure

There is also a quicker way for you to gain possession of your property utilising the Accelerated Possession Procedure. Using this procedure

  • you can claim possession of the property
  • you can seek reimbursement of your court fees
  • you cannot claim for any rent arrears

There is no need for a court hearing, and an Order for Possession is usually granted within 6-8 weeks.

Fixed Fees

Please call Paul Edels for details of our Fixed Fees for undefended possession and rent claims.
If your Tenant serves a Defence then obviously we will need to discuss the Case with you and further work will involve additional Charges.
Court Fees may change from time to time.

Getting your property back

If you obtain an order for Possession but your Tenant still refuses to vacate your property we will instruct Bailiffs to obtain possession of it.
We act for a wide variety of Property owners who let individual or whole portfolios of properties out and have many years experience of resolving the legal problems that can and do sometimes arise for them.

So it is worthwhile getting advice from us on buying properties to rent out and how then to create Tenancies and deal with any problems that may subsequently arise.