Understanding the stages of residential possession can help landlords and homeowners navigate the process more effectively. At Walker Foster, we guide you through each step to ensure a smooth and legal reclaiming of your property.

Here are the key stages of residential possession:

1. Initial consultation - the process begins with an in-depth consultation where we assess your situation and provide tailored advice. We review the tenancy agreement, identify breaches or grounds for possession, and outline the best approach for your case.
2. Serving notices - before initiating any legal action, landlords must serve the appropriate notices to tenants. The two main types of notices are:
3. Section 8 notice - used when tenants breach the terms of the tenancy agreement, such as failing to pay rent or engaging in anti-social behaviour. This notice specifies the grounds for possession and gives the tenant a period to rectify the breach or vacate the property.
4. Section 21 notice - known as a ‘no-fault’ notice, it is used to regain possession at the end of a fixed-term tenancy or during a periodic tenancy. These notices can be served if at least four months have passed from the start date of the tenancy. This process does not require the landlord to provide a reason for possession, but must comply with strict legal requirements.
5. Waiting period - after serving the notice, landlords must wait for the notice period to expire. This period varies depending on the type of notice and the grounds for possession. During this time, tenants may choose to vacate the property voluntarily.
6. Filing for possession order - if the tenant does not vacate after the notice period expires, the next step is to apply to the court for a possession order. This involves submitting the necessary paperwork and evidence to support your claim. Our team will handle all aspects of this process to ensure accuracy and compliance.
7. Court proceedings - once the application is filed, the court may schedule a hearing at the county court, depending on the type of possession claim. We will represent you during any hearing, presenting a strong case to secure the possession order. The court will review the evidence and make a decision based on the facts presented.
8. Possession order granted - if the court grants the possession order, it will set a date by which the tenant must vacate the property. If the tenant still refuses to leave, further action may be necessary.
9. Enforcement of possession - if the tenant does not comply with the possession order, we assist with enforcement of the possession process. This may involve instructing bailiffs to evict the tenant and ensure the property is returned to you.
10. Post-possession actions - once possession is regained, there are steps to secure the property and prevent future issues. We provide guidance on changing locks, assessing property damage, and making any necessary repairs. We also advise on compliance with legal requirements for re-letting the property if you choose to do so.

We understand that residential property possession claims can be stressful. As such, we are experts at navigating the complexities of each individual case and can cater to your needs. Our team is adept at handling the intricate legal and procedural aspects, ensuring that your case is managed efficiently and effectively.

We listen to you and your needs, understanding the situation and assessing how best we can assist you through every step of your residential property possession claim. By taking the time to comprehend your unique circumstances fully, we tailor our approach to suit your specific requirements, ensuring you receive personalised and effective legal support.

Beyond legal advice and representation, we offer guidance and support. Our aim is to help you through the process, delivering the most cost-effective service possible. We are committed to providing clear communication, keeping you informed at each stage, and ensuring that you understand your options and the potential outcomes. Our goal is to minimise stress and achieve a satisfactory resolution for you.