Property Litigation » Landlord and Tenant Disputes (including Possession Claims)

The ideal situation for a landlord who owns a buy-to-let property is to have long-term, quiet, tidy tenants who always pay their rent on time. Happily, most tenants fit this description and are considerate of their landlord, home and neighbours.

Unfortunately, sometimes the landlord/tenant relationship can go wrong and you are left with no choice but to evict tenants from your property and recover possession. To remove troublesome tenants, you need to bring possession proceedings against them.

The landlords for whom we act can have a property portfolio, or they can own just one or two properties from which to make a small income.

We also help to remove tenants who are troublesome or uncooperative, or those who have quite simply overstayed their welcome. We will advise you about the correct notice to serve, dependent upon how your tenant occupies your property and the particular circumstances, and we will then represent you in any proceedings to recover possession of your property and any money due to you.

Once you have removed a tenant from your property, we can advise you on the best way to recover monies held under a Deposit Protection Scheme. Also, where there is a shortfall in the monies owed to you, we can advise you on the enforcement action you can take against the tenant to recover any such shortfall, be it a lump-sum payment or arranging for payments by installments.

We can also ensure that, before you enter a letting, your agreement is watertight in respect of the tenant’s obligations to ensure that the condition of your property is maintained and that, in the event of the tenant breaching its obligations, there are options available to enable you to get fast and efficient solutions.

All landlords must follow the correct legal procedures for gaining repossession of property. Although the exact process will depend on the type of tenancy, in most cases the landlord will need to serve a valid notice on the tenant before seeking an order for possession in the County Court.

The Solicitors in our Property Litigation team can give you accurate and comprehensive advice on the law and the processes which apply in your situation. The team has expertise in all aspects of possession claims, including:-

  • The giving of a notice to vacate, including the type of notice required
  • The requirements for a valid notice, including (where applicable) the registration of tenants’ deposits and houses in multiple occupation (HMOs)
  • Possession claims, including those brought under the accelerated possession procedure
  • Possession proceedings that fall outside the accelerated possession procedure
  • Defences and counter-claims which may be brought by tenants
  • Bailiffs’ warrants and applications by tenants to stay an eviction
  • Service charge disputes

Residential letting is now a heavily regulated process, and landlords and agents, whether experienced or new, encounter issues with tenants and recovering possession. The Protection from Eviction Act 1977 provides that, in most circumstances, a tenant cannot be removed from residential premises unless he or she moves out voluntarily or you obtain a possession order from the Court.

We are able to offer pro-active advice to bring about a cost-effective resolution, and our team has a broad range of experience outside private practice which allows us to think laterally and be innovative.


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