Residential Possession Solicitors
Solicitors specialising in residential possession
The most commonly used tenancy in the residential property market is an Assured Shorthold Tenancy. To end a tenancy, landlords must serve notice on their tenants. If the tenants do not vacate the property, the landlord must issue court proceedings to obtain an Order for Possession.
Strict processes must be followed when recovering a residential property, so it is important to seek legal advice from the outset. Our team of specialist residential possession solicitors can provide pragmatic legal guidance throughout the process.
We work closely with property management companies and landlords with property portfolios to deal with their residential possession needs.
Our residential possession experience includes:
- Advising landlords on the most effective way to recover possession of their property.
- Serving the relevant section 8 or section 21 notices to gain vacant possession.
- Issuing possession proceedings on behalf of the landlord to obtain an Order for Possession if needed.
- Obtaining a Warrant for Possession and instructing bailiffs to evict a tenant and recover possession of the property.
- Advising tenants on their legal rights in defending eviction notices.
- Providing advice to landlords and tenants on the effects of the upcoming change in legislation, the Renter's Rights Bill.
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Meet the residential possession team
How to evict a tenant?
Evicting a tenant with an Assured Shorthold Tenancy requires strict legal procedures. Tenants are protected from unlawful eviction under the Protection from Eviction Act 1977, so it is imperative that the legal process is adhered to.
Below is an overview of the steps to evict a tenant, but these can vary depending on the circumstances, so please seek advice.
- Identify the reason for eviction, as this will determine the type of notice needed.
- Serve the correct notice and ensure that it is valid.
- Wait for the notice period to expire. This period varies depending on which type of notice has been served.
- If the tenant has not left following the expiry of the notice, then you can apply for a Possession Order through the Court.
- You may have to attend a court hearing.
- If a Possession Order is granted but the tenant still does not leave the property, you will likely have to enforce the order. This can include instructing bailiffs,, which we can assist with.