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Residential possession proceedings

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Residential possession proceedings

Having a bad tenant can be a real problem for landlords.  Lost rent and income as well as a delay in being able to re-let the rental property can be a nightmare for property managers and residential landlords.

There are three main types of procedures for obtaining possession:

Section 21 Notice (Standard) Proceedings

This is a non fault ground. A landlord is entitled to recover possession of their property after the fixed term of the tenancy has expired. The Section 21 notice gives the Tenant at least 2 months notice to vacate the property. The rules surrounding the expiry date of the notice can vary and it is really important to calculate this correctly so as to avoid the court not being able to make the possession order, leading to wasted time, delay, and increased cost.

Along with possession, a Landlord can also request an order for rent arrears or an award for damages for harm caused to the property by the tenant.

Section 21 Accelerated Proceedings

This is also a non fault based ground. It is known as accelerated possession because the procedure does not to require a court hearing, and is dealt with on paper so should therefore be quicker than the standard s21 procedure.  This is only appropriate were there are no rent arrears as no monetary award can be granted. It is simply intended as a quick route for landlords to get their properties back. However, a court hearing will be listed if the tenant defends the proceedings.

Section 8 Notice Proceedings

The Section 8 notice will give the Tenant a set period to vacate the property depending on the specific reason for serving it. In most cases this will give the tenant 14 days to vacate the property.

Different to the s21 notice mentioned above, a section 8 notice is served where there has been an element of fault by the tenant. Usually this relates to non payment or late payment of rent, but it can also involve unreasonable behaviour.

Once proceedings are issued, it is basically the same process as for the standard s21 proceedings.

Fixed Costs

The property litigation solicitors at Ironmonger Curtis with Bell & Buxton in Sheffield are able to offer you transparency in relation to the costs involved in recovering access to your property. We are experienced in acting for a range of residential landlords and property agents and aim to recover property swiftly to enable prompt re-letting to minimise loss and disruption.  Please contact our litigation solicitors for our fixed fees possession order proceedings.

For business law advice call 0114 249 59 69


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