Possession Proceedings for Landlords: Legally Reclaim Your Property Quickly in 2024
With new landlord and tenant legislation coming into force and the end of Section 21 no-fault evictions, some landlords in South East England feel the need to reclaim their property quickly in 2024.
In this blog, our Landlord and Tenant Solicitors look at gaining possession of rental property through Section 21 and Section 8 notices and how to take legal steps for possession.
Online and London-based Landlord and Tenant Solicitors
For help on landlord rights and obtaining possession call the experts at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
Reclaiming property
Our Procession Proceedings Solicitors say that it is sensible to take legal advice on reclaiming property whether you need to do so because of non-payment of rent, anti-social behaviour or breaches of the tenancy agreement.
While you may have had previous experience of Section 21 or Section 8 possession proceedings each claim is different. For example, one tenant may allege harassment even though your actions as a landlord are no different than earlier occasions when you served a Section 21 or Section 8 notice.
You may also find that if you serve a Section 21 or Section 8 notice your tenant won't voluntarily leave the property necessitating the start of possession proceedings. That’s because there are few affordable properties to rent in London and the South East. Furthermore, anyone wanting local authority accommodation knows that they must wait to be evicted as otherwise the council will treat them as intentionally homeless despite the service of a valid Section 8 or 21 notice.
The legal steps for possession
Most landlords think starting possession proceedings begins with serving notice but our Landlord and Tenant Solicitors go back a few steps to check that if have served notice it is the correct type of notice, you have given the required length of notice and the wording of the notice is valid.
Our Possession Proceedings Solicitors will check:
- The type of tenancy agreement. For example, assured shorthold tenancy or holding over on a rolling tenancy
- The end date of the tenancy agreement
- If steps were correctly taken at the start of the tenancy agreement. For example, protecting the deposit or sorting out a gas safety certificate
- The reasons why possession is required
- The evidence to support possession proceedings, especially if possession is sought because of rent arrears, behaviour or a breach of the tenancy agreement
- If all required steps have been taken during the tenancy. For example, obtaining an up-to-date gas safety certificate
- That the correct and valid notice was sent in cases where the Section 21 notice or Section 8 notice has already been served
- Any correspondence between landlord and tenant (including texts and messaging) that may cause issues in any future possession proceedings
- Any vulnerabilities of the tenant that could affect possession, such as the tenant’s mental health or pregnancy
- Any evidence that the landlord intends to rely on. For example, if a landlord is seeking possession on the basis that they’ll be returning to live in the property
It is best to check these things out as a bit of pre-possession proceedings research can mean you can legally reclaim your property quickly in 2024 rather than launch into possession proceedings without the paperwork or evidence you need to eventually secure possession and an eviction order.
In some situations, UK Possession Lawyers recommend taking a pragmatic approach. The tenant may want to leave but they don’t have enough for a deposit on a new property until their current deposit on your rental property is released. Alternatively, a previously good tenant may not have paid their rent but they have now got a new job and made a realistic offer to repay the rent arrears within four months.
Grounds for possession proceedings
With Section 21 no-fault evictions due to end, if you want to secure possession without needing to prove that you want to reoccupy your own property or without proving to the court’s satisfaction that your tenant was at fault you should issue a Section 21 notice now.
Once the law changes you will be left with a Section 8 notice to secure possession and an eviction order. The challenge with Section 8 possession proceedings is to choose the right ground and to have sufficient compelling evidence to back up your claim.
Possession Proceedings Solicitors say there are two types of grounds for possession under Section 8; mandatory and discretionary.
The mandatory Section 8 grounds are:
- Ground 1 - the landlord needs the property back for their main residence but to use this ground the landlord must have lived in the property as their main residence before the start of the tenant’s tenancy agreement
- Ground 2 - the mortgage lender is seeking repossession and the mortgage was taken out before the tenancy agreement started
- Ground 3 - the property was previously a holiday let and is needed as a holiday let
- Ground 4 - the property is let by an educational institution and the house is needed by students. Ground 4 can only be used where a tenant was warned before the start of their tenancy agreement that possession might be required for this reason
- Ground 5 - the property is owned by a religious body and it is required for a church member
- Ground 6 - the landlord wants to redevelop or refurnish all or part of the property and the tenant doesn’t want to live in the property while the work is carried out
- Ground 7 – the named tenant in the tenancy agreement has died and additional family members who are not tenants have stayed on at the property. Ground seven notice must be served within 12 months of the tenant’s death
- Ground 8 – the tenant is in rent arrears. If rent is paid weekly, the rent arrears must be eight weeks or more. If rent is paid monthly, the rent arrears must be at least two months. At the date of the possession proceedings, the tenant must be eight weeks or two months in arrears. With ground eight you risk the tenant reducing the arrears just before the hearing
The nine discretionary grounds are:
- Ground 9 – the landlord has offered and the tenant has refused other suitable accommodation. The landlord must pay reasonable removal costs if possession is ordered on this ground
- Ground 10 – there are rent arrears but the arrears can be for less than eight weeks or two months or one quarter
- Ground 11 - the tenant is repeatedly late paying their rent or doesn’t pay their rent without requests having to be made
- Ground 12 - the tenant has breached the terms of their tenancy agreement
- Ground 13 – the tenant or their sub-tenant has neglected or damaged the property
- Ground 14 – the tenant has behaved in an anti-social manner and been a nuisance to neighbours or other tenants
- Ground 15 - furniture left with the tenanted property has been damaged, broken, misused or sold by the tenant or someone living with the tenant
- Ground 16 – the tenancy agreement came as part of the tenant’s employment but the employment has ended
- Ground 17 – the tenant, their referee or guarantor gave false information to the landlord
The trick to reclaiming your property quickly is to choose the correct ground or grounds and for your UK Possession Lawyer to act efficiently after they have checked all the key preliminary points and assessed your evidence.
Landlord rights
In 2024 it can feel as if landlords have few landlord rights and that any landlord rights are fast disappearing with the new legislation, the pressure of mounting buy-to-let mortgage interest rates and the impact of the 2024 budget changes on the cost of carrying out property repairs to tenanted properties. If you have decided that the time is right to sell your property portfolio or that you want to sell up as you only became a landlord by accident then our experienced Landlord and Tenant Solicitors can help you quickly reclaim possession of your property.
Online and London-based Landlord and Tenant Solicitors
For property possession advice call the experts at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
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