Possession Proceedings Solicitors

Whether you are a landlord who wishes to regain possession of your property or a tenant who need to fight possession proceedings, our experts can guide you and represent you at every stage, giving you the best chance of securing the right outcome quickly.

Possession proceedings can only be used where there are legal grounds for a landlord to regain vacant possession of a property. There are also strict processes landlords must follow. It is therefore strongly recommended to get expert legal support whichever side of the equation you are on so you understand your rights and can take action with confidence.

At OTS Solicitors, our specialist possession proceedings solicitors can help to ensure that landlords across England and Wales are following the correct process when seeking possession of property. For landlords, we can support you through the process increasing your chances of smooth possession proceedings, while for tenants, we can identify any issues with your landlord’s actions, helping you to stay in your home where possible.

For a detailed discussion regarding possession proceedings or to book an appointment with one of our landlord and tenant team, please call us now on 0203 959 9123.

Our team can provide clear advice on matters including:

• Recovering vacant possession as a landlord
• Defending landlord possession proceedings as a tenant
• Possession enforcement
• Tenants’ options following an eviction

Speak to our possession proceedings lawyers today

We will be able to discuss your matter at our offices, over the phone or online via web conferencing software such as Zoom, Microsoft Teams, Cisco WebEx or Skype.

To speak to our possession proceedings solicitors in London, please call now on 0203 959 9123 or use our simple online enquiries form.

Our possession proceedings services

Recovering vacant possession as a landlord

To recover vacant possession of a residential property, there are several steps a landlord must go through in order to remain within the law. First, they must issue valid notice of their intent to repossess a rental property to the relevant tenant or tenants.

If the tenant fails to leave, the landlord would then need to apply to a court for a possession order and, if the tenant still does not leave, the landlord would need to secure a warrant from a court empowering a bailiff to evict the tenant.

Our team can help landlords with all stages of residential possession proceedings, ensuring they have legal grounds for seeking vacant possession and that they follow all of the right steps. With our seasoned expertise, we can ensure successful possession claims while minimising any legal risks.

Defending landlord possession proceedings as a tenant

Finding out that your landlord wants to evict you can be very scary and stressful but, depending on the situation, tenants may have options to defend possession claims and remain in their home. If the landlord does not have valid grounds for seeking possession of a residential building or they have not followed the correct process, a successful challenge may be possible.

Our experts can support tenants who have been served notice by their landlord, as well as those who need to defend an application for a possession order. We can clearly explain your rights and represent you, ensuring that you are treated fairly and legally.

Possession enforcement

As mentioned above, if a court grants a possession order and the tenant still does not leave the property, the landlord can apply for a warrant of possession. If the court grants this warrant, the landlord can then appoint a bailiff to enforce the eviction.

A tenant may still have options at this point, including applying to the court to suspend or stay the warrant. This might give the tenant time to rectify the reason for the eviction (e.g. paying any rent arrears) and this could prevent the eviction or otherwise delay the eviction until a set date or event has taken place.

Our experts can help landlords with enforcement action, making sure they are proceeding legally, as well as supporting tenants who wish to challenge possession enforcement.

Tenants’ options following an eviction

Following a successful eviction, there are still actions a tenant may be able to take. This includes applying to set aside the warrant or bring a late appeal against the possession order. These options can only be used in limited circumstances, so expert legal advice is absolutely vital.

Possession proceedings explained

What are possession proceedings?

Possession proceedings are the process a landlord must go through to evict a tenant and repossess a rental property.

When might possession proceedings be necessary?

There are various circumstances where a landlord may wish to initiate proceedings to secure possession of a residential building. These include where:

• The landlord wishes to occupy the property themselves
• The landlord intends to carry out extensive works on the property
• The landlord wishes to sell the property without a sitting tenant
• The tenant has breached the terms of their tenancy agreement (e.g. by having persistent rent arrears)

When possession proceedings can be used is strictly defined under the law, so landlords must be certain that they have the right to initiate possession proceedings before taking action.

If a landlord starts possession proceedings without legal grounds for doing so, or they fail to follow the correct procedure, then the eviction could be deemed illegal. In the event of an illegal eviction, the tenant may be able to prevent possession taking place and the landlord could potentially be required to pay them compensation.

What steps can be taken to recover possession of a building?

The basic steps a landlord can use to recover possession of a property are:

1. Decide on the grounds for repossession.
2. Issue the relevant notice to the tenant setting a date by which they must vacate the property.
3. If the tenant fails to leave by the specified date, the landlord can apply to a court for a possession order, which requires the tenant to leave by a set date.
4. If the tenant still fails to leave, the landlord can apply for a warrant of possession which authorises an Enforcement Agent (a bailiff) to make the tenant or tenants leave.

What's the difference between a Section 8 and a Section 21 eviction?

There are two types of eviction that a landlord can potentially pursue, using either Section 8 or Section 21 of the Housing Act 1988. Which option a landlord can use will depend on the circumstances.

A Section 8 eviction can be used where the tenant has breached the terms of their tenancy agreement (e.g. by building up a rent arrears).

A Section 21 eviction can be used where a fixed term tenancy has ended or where the tenant is on a periodic or ‘rolling’ tenancy, with no set end date.

How do you issue possession proceedings?

To issue possession proceedings, a landlord must first determine that they have legal grounds for doing so. They must then use the correct route, depending on the situation, issuing either a Section 8 Notice or a Section 21 Notice, as discussed above.

Our possession proceedings lawyers’ fees

At OTS Solicitors, we want to remove any confusion or uncertainty around the cost involved with possession claims. We will be happy to discuss our fees upfront and, in many cases, we can act on a fixed fee basis, so you know the exact cost at the outset.

To find out more about our fees, please get in touch using the contact details below.

Speak to our possession proceedings solicitors today

We will be able to discuss your matter at our offices, over the phone or online via web conferencing software such as Zoom, Microsoft Teams, Cisco WebEx or Skype.

To speak to our possession proceedings lawyers in London, please call now on 0203 959 9123 or use our simple online enquiries form.