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Possession Proceedings

Sometimes disputes arise between Landlords and their tenants. Very often these can be resolved amicably using alternative methods such as mediation, however from time to time legal action has to be taken.

If you take legal action the case may go to a small claims court. Small Claims cases are those worth less than 5,000 (or 1,000 if the case is about repairs to a property).

You can obtain possession of your property (i.e. get your property back) either by a section 21 notice or a section 8 notice. Which notice you use depends on your circumstances.

Section 21 gives a landlord an automatic right of possession without having to give any grounds, once the fixed term has expired.

Section 8 allows a landlord to seek possession using grounds 2,8, 10 to 15 or 17 listed in Schedule 2 to the Act.

In all cases you must give you tenant written notice, usually at least 2 months, of your intention to regain possession. You cannot use Section 21 to gain possession of your property during the fixed term. You can serve a Section 21 notice on your tenant during that time, providing the date you state you require possession is not before the end of the fixed term.

If your tenant paid a deposit, you cannot use Section 21 unless the deposit has been protected in accordance with the tenancy deposit schemes.

The notice you must give if you are using Section 8 varies from 2 weeks to 2 months depending on the ground you are using. If you are using Section 8 the notice you must give must be on a form entitled Notice seeking possession of a property let on an Assured Tenancy or an Assured Agricultural Occupancy.

If the tenant still will not leave the property, then you will need to apply to the court for a possession order.

If you believe you qualify to make a claim, contact us today for us to assess the merits of your case on 01633 262848.

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Possession Proceedings

Sometimes disputes arise between Landlords and their tenants. Very often these can be resolved amicably using alternative methods such as mediation, however from time to time legal action has to be taken.

If you take legal action the case may go to a small claims court. Small Claims cases are those worth less than 5,000 (or 1,000 if the case is about repairs to a property).

You can obtain possession of your property (i.e. get your property back) either by a section 21 notice or a section 8 notice. Which notice you use depends on your circumstances.

Section 21 gives a landlord an automatic right of possession without having to give any grounds, once the fixed term has expired.

Section 8 allows a landlord to seek possession using grounds 2,8, 10 to 15 or 17 listed in Schedule 2 to the Act.

In all cases you must give you tenant written notice, usually at least 2 months, of your intention to regain possession. You cannot use Section 21 to gain possession of your property during the fixed term. You can serve a Section 21 notice on your tenant during that time, providing the date you state you require possession is not before the end of the fixed term.

If your tenant paid a deposit, you cannot use Section 21 unless the deposit has been protected in accordance with the tenancy deposit schemes.

The notice you must give if you are using Section 8 varies from 2 weeks to 2 months depending on the ground you are using. If you are using Section 8 the notice you must give must be on a form entitled Notice seeking possession of a property let on an Assured Tenancy or an Assured Agricultural Occupancy.

If the tenant still will not leave the property, then you will need to apply to the court for a possession order.

If you believe you qualify to make a claim, contact us today for us to assess the merits of your case on 01633 262848.

At Collingbourne Hennah Law we have a specialist team who deal with the following areas of law:

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