Landlord Possession of Residential Property
If you’re a landlord seeking possession of a residential property, HSR Law can help. Whether there’s a written tenancy agreement or not, we advise on the correct notice to serve (Section 8 or Section 21) and guide you through the Accelerated Possession Procedure where available. We also assist with court proceedings if the tenant does not vacate or with trespass claims where no agreement exists. Our Dispute Resolution team offers clear advice and fixed fees where possible.
How Do I Serve Notice with a Written Tenancy Agreement in Place?
In circumstances where there is a written Tenancy Agreement, the Landlord will first need to serve a notice seeking possession. The type of notice that is required will depend on the type of tenancy that has been entered. Typically, this will involve a notice under Section 8 or Section 21 of the Housing Act 1988. The Dispute Resolution team at HSR Law are here to assist you in serving either of these notices and will usually offer a fixed fee.
What is a Tenancy Agreement? A tenancy agreement is a legal contract between a landlord and a tenant that sets out the terms and conditions for renting a residential or commercial property. It gives the tenant the right to live in or use the property, and the landlord the right to receive rent in return.
How do I proceed with an Accelerated Possession Procedure?
If there is an Assured Shorthold Tenancy (AST) in place and the landlord’s aim is solely to recover possession of the property (rather than to claim rent arrears), a Section 21 Notice can be served. This allows the landlord to use the Accelerated Possession Procedure.
This process requires a detailed court form to be completed and submitted along with key supporting documents. If the tenant does not respond within 14 days, the landlord can ask the court to make a decision based solely on the paperwork, without a hearing. This is often the fastest and most cost-effective way to regain possession of the property.
What is an Assured Shorthold Tenancy (AST)? An Assured Shorthold Tenancy (AST) is the most common type of tenancy agreement used for private residential lettings in England and Wales. It gives tenants the right to occupy a property for a fixed period or on a rolling basis, and gives landlords certain rights to regain possession under specific legal procedures.
What Happens If a Tenant Disputes a Landlord’s Possession Claim?
If the tenant responds to the claim and raises an objection, such as disputing the notice or the landlord’s right to possession, the Court will usually issue instructions setting out the next steps in the case. This may include a timetable for submitting evidence and listing the matter for a court hearing.
It’s important to note that strict legal requirements must be met in order to use the Accelerated Possession Procedure. The landlord must provide evidence that:
- The tenancy deposit was protected in a Tenancy Deposit Scheme;
- The tenant received a valid Energy Performance Certificate (EPC);
- A Gas Safety Certificate (CP12) and all relevant gas safety records were provided (if the property uses gas);
- The tenant received the “How to Rent” guide;
- No rent arrears are being claimed as part of the possession proceedings.
If any of these conditions are not met, or if the landlord wishes to claim unpaid rent, the Accelerated Procedure may not be suitable. In that case, we can advise you on whether a Section 8 or a standard Section 21 claim would be more appropriate.
Are you looking to buy a buy to let property?
If you are looking to buy an investment property to rent out then you will need specific Buy to Let conveyancing. Here at HSR Law we have the knowledge and experience to guide you through the buying process of an investment property. Contact our residential conveyancing team for more information.
What is a Section 8 Notice?
A Section 8 Notice relies on specific grounds. Eight of those grounds are mandatory, which means that the Court must make an Order for possession if the problem is not resolved by the date of the hearing. There are a further 9 discretionary grounds. The period of notice required under an S8 Notice varies; it is usually between 2 weeks and 2 months, depending on the ground(s) relied on.
How to proceed if a Section 21 or Section 8 Notice expires?
If either the Section 21 or Section 8 Notice expires and the Tenant remains in situ, the Landlord will need to issue Court proceedings in accordance with the Civil Procedure Rules in order to recover possession. The Landlord does not have the right to simply change the locks on a residential property where there is a rental agreement in place.
When will trespass proceedings be required?
If an occupant resides or uses a property without the consent of the proprietor, trespass proceedings may be required. In that event, we would instruct a process server to attend the property for the purpose of posting Notices ahead of issuing Court Proceedings. In these circumstances, the Court procedure is a swift one.
What is a process server? A process server is a person who delivers legal documents to individuals involved in court proceedings. Their main job is to ensure that someone receives formal notice of legal action against them. This is known as “service of process.”
Landlord Possession of a Residential Property FAQs
A Section 21 Notice is used to regain possession of a property at the end of an Assured Shorthold Tenancy without needing to prove fault. A Section 8 Notice is served when the landlord wants possession based on specific grounds, such as rent arrears or breach of tenancy terms. The notice periods and legal requirements differ between the two.
The Accelerated Possession Procedure is designed to be quicker than standard possession claims. After serving a valid Section 21 Notice and submitting the required paperwork, if the tenant doesn’t respond within 14 days, the court can grant possession without a hearing. This can significantly speed up the process, often completing within a few weeks.
Yes, but it is more complex. If there is no written tenancy agreement, the landlord must provide details on the basis of the tenant’s occupation. The process for possession may differ, and the landlord may need to rely on other legal grounds or prove informal tenancy arrangements in court.
If a tenant remains in the property after the notice period ends, the landlord cannot change the locks or force them out. Instead, the landlord must start court proceedings to obtain a possession order. Only once the court grants an order can the landlord lawfully evict the tenant.
Trespass proceedings are appropriate when someone occupies the property without the landlord’s consent and without any tenancy agreement in place. This is a quicker court process aimed at removing unauthorised occupants, often used for squatters or trespassers.
No, a landlord cannot legally change the locks or forcibly remove a tenant without a court order. Doing so is considered an illegal eviction. The landlord must follow the proper legal process by serving the appropriate notice and obtaining a possession order from the court before taking any steps to evict and change locks.
Let HSR Law guide you through the Residential Possession procedures required.
If you are a landlord and wish to regain possession of your residential property then we can help. HSR Law helps landlords recover residential property through expert advice on Section 8 or 21 Notices, Accelerated Possession, and court claims. Whether there’s a written tenancy or not, we offer clear legal guidance, fixed fees where possible, and fast, effective support throughout the possession process. Contact our Dispute Resolution team today.
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