Possession proceedings can be initiated by the landlord seeking to regain possession of their property. A landlord can apply for a possession order if the tenants have not left by the date specified in the notice to quit. An appropriate notice, must be served in writing on the tenant before proceedings can be issued. It is important to ensure that sufficient notice is given otherwise the notice will be ineffective, which can cause delay and financial loss.
At Chris Alexander Solicitors we can assist with the following:
Serve appropriate notice
There are two different kinds of eviction notices, Section 21 and Section 8, which set out slightly different eviction pathways. It is very important to follow the correct procedure while serving the notice as any breach will invalidate the notice. This could result in having to serve the notice again before applying to court for a possession order
Issue possession claim
In order to begin possession proceedings, we can assist with completing the claim form, drafting the particulars of claim and taking your detailed statement of truth, which will then be lodged at court. Once proceedings are issued the tenant has fourteen days to file a defence
A Section 21 possession process can be quicker than a section 8 procedure, if no defence is filed, as it can often be dealt with without the need for a court hearing.
Legal Representation at Court Hearing in order to secure a possession order
Once proceedings are issued the court fixes a date for the first hearing. The Judge will look at the papers and consider any defence filed. If no defence is filed then the Judge is likely to grant a possession order and the tenant is usually given 14 days to leave the property.
However, the court has the power to suspend an order to allow the tenant to comply with terms set out in the order e.g. payment of rent arrears by a specified date. If the circumstances of the tenant are such that possession would cause severe hardship the Judge may consider a further short delay.
Enforcing the Order through a warrant or writ of possession
If the tenant does not leave the property, we will assist with instructing a county court bailiff to evict the tenant from the property on the eviction day. The Bailiff will set a date for the eviction and the tenant is notified of that date at least 14 days before. Arrangements must be made for a locksmith to attend on the eviction day, to make the property secure. The tenant may ask the court to delay the eviction, but they will only be able to do this if they can show exceptional hardship.
Chris Alexander Solicitors offers Legal Aid to eligible individuals in relation to housing matters.
Legal aid can help meet the costs of legal advice and representation in a court or tribunal. You will need to show that:
- your case is eligible for legal aid
- the problem is serious
- you cannot afford to pay for legal costs
You could for example get legal aid if .
- you or your family are at risk of abuse or serious harm, for example domestic violence or forced marriage
- you are at risk of homelessness or losing your home
For further advice and information and on funding your matter, contact us on 02085944469 or email address email@example.com.