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Residential Possession
Our specialist possession team provide commercial, pragmatic and strategic advice tailored to meet your needs and objectives.
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
24th February 2025
Court of Appeal clarifies the rules surrounding service of ‘notices’
A judgment was recently passed down in D’Aubigny v Khan and Anor in the Court of Appeal, which concerned whether
Insights
3rd January 2025
Switaj v McClenaghan [2024] EWCA Civ 1457 – Prohibited Payments Before and After 1 June 2019
The Tenant Fees Act 2019 (TFA) banned most letting fees and imposed a cap of tenancy deposits paid by tenants.
17th December 2024
Renters Rights Bill: Existing notices and possession proceedings under section 21 and section 8 of the Housing Act 1988
We have previously provided updates as to the contents and progress of the Renters Rights Bill (“the Bill”). As the
