Possession Proceedings
Possession proceedings are often very complex.
It can be a confusing and stressful process, and the correct legal procedures must be followed – which is why it’s important to seek legal advice from the outset.
Here at St Helens Law, our team of dispute resolution solicitors have many years of experience in this area of the law – acting on behalf of both private landlords and tenants. With our skills and knowledge, we can help to recover or defend possession, using the most appropriate methods for your circumstances and avoiding any unnecessary complications or delays.
To find out more, get in touch today.
Landlords
Evicting tenants can be a difficult path to navigate.
As a landlord, it’s essential that you know your rights and responsibilities regarding the possession process and adhere to the legal protocols in place – and we’re here to offer tailored guidance.
Our specialist dispute solicitors can carefully assess your situation, advising on the best strategy for your individual circumstances. Then, if you wish to go ahead, we can assist with:
- the drafting and service of a notice (section 8 or section 21)
- issuing possession proceedings at court to get an ‘Order of Possession’
- obtaining a ‘Monetary Judgement’ for any rent arrears (if required)
- applying to the court for a warrant for eviction
- instructing bailiffs to recover possession of the property
Possession proceedings can usually be resolved for a fixed fee in 6-9 weeks. However, this will depend on how the tenant responds. If the tenant raises a defence (e.g. they make a counterclaim for repairs or a breach of deposit protection) or there is an error with your claim, the process can sometimes take up to 18+ months and you may be expected to pay additional charges.
Tenants
If you’ve received notice from your landlord, it’s important not to ignore it.
For the notice to be valid, there are strict timelines and regulations that your landlord must adhere to – and it may be possible to bring counterclaims, keep hold of the property and receive damages.
Possession proceedings can arise for many different reasons, including allegations of rent arrears, anti-social behaviour and breaches of tenancy. In some cases, landlords simply want to recover possession of the property, so they can increase the rent with the introduction of a new tenant.
Whatever the reason, our property dispute solicitors are here to help.
Facing eviction can be a daunting and worrying experience. But we can assess your situation and advise on the best way forward – effectively defending possession proceedings, if necessary.
In some circumstances, we may also be able to help bring counterclaims for issues such as:
- disrepair (i.e. when the landlord has failed to carry out repairs on the property)
- breaches of deposit protection legislation
- failing to serve a notice or adhere to the correct legal procedures
We understand that fees can sometimes be a concern. However, our rates are very competitive, we’re always upfront about the costs and we aim to resolve the matter as efficiently as possible.
Contact our dispute resolution solicitors today
Our dispute resolution solicitors are well versed in the legislation surrounding residential possession proceedings – for both landlords and tenants. And as a knowledgeable, experienced and friendly team, we can provide you with the best legal advice, tailored to your specific situation.
For a free initial discussion and no-obligation quote, please feel free to give us a call on 01744 742360 or send an email to info@sthelenslaw.co.uk. Alternatively, to request a callback from our dispute solicitors, simply fill out our online form and we’ll respond to your enquiry ASAP.