There are many reasons a landlord may seek possession of their property. The tenant may be in rent arrears, the tenant may be leaving the property in a state of disrepair, the landlord may want to live in the property themselves, or they may simply want to sell it.
Frustratingly for many landlords, even when the tenant is at fault, there are vast protections in place for tenants. With this in mind it is advised to get a professional on your side at the earliest possible stage to ensure any residential repossession claim is as straightforward as possible.
There are several steps involved:
- Serving notice on the tenant
- Issuing a claim for possession
- Obtaining an order for possession
- Enforcing the order for possession
Of course, these steps are not always simple. There are strict rules to follow at every stage. If they are not followed exactly then the claim for repossession will likely be considered invalid and all steps must be repeated again, potentially adding months to the possession procedure.
Unfortunately it is not uncommon for the tenant to remain in the property after the expiry of a notice of possession. If this happens then an order for possession must be obtained before a landlord is able to take possession of the property. Without an order for possession, a landlord does not have the right to remove a tenant from the property. After the court has made the possession order, if the tenant remains in the property, enforcement of the order via a bailiff (or enforcement agent) may be required to recover possession of the property.
With so much at stake, and an array of laws and protocols to follow, you need GA Solicitors’ experienced residential landlord and tenant team on your side.