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Residential Possession Proceedings

Residential Possession

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If you're a property owner trying to reclaim possession of your property from tenants, Walker Foster can help.

With decades of experience, our well-established law firm offers reliable and professional legal services tailored to your needs.

Residential possession can be challenging, especially when dealing with non-paying tenants or breaches of tenancy agreements. At Walker Foster, we provide expert legal advice and assistance to make this process smooth and efficient. Our team understands the complexities of residential possession and is dedicated to helping you regain control of your property swiftly and legally.

From serving notices demanding payment of rent arrears, through to seeking possession orders and, if necessary, instructing bailiffs, you can rest assured that we'll act on your behalf every step of the way.

To speak to a residential possession solicitor for specialist advice, get in contact with Walker Foster today.

How Walker Foster Can Help You

Walker Foster provides comprehensive assistance for a variety of residential possession scenarios. Whether you are dealing with non-compliant tenants or need to reclaim your property for personal reasons, our expert team is here to help.

Below are the common types of residential possession cases and situations we handle:

If you are facing any of these situations, Walker Foster is here to help. Contact us today to discuss your case and learn how we can assist you in regaining possession of your property.

What Is Residential Possession?

Residential possession is the legal process through which landlords or property owners reclaim possession of their property from tenants. This process becomes necessary when tenants fail to comply with the terms of their tenancy agreement, or when the property owner needs to repossess the property for personal reasons.

The primary aim is to restore the landlord's right to use and manage their property as they see fit. The court could make an outright possession order, which means a tenant must leave the property by a set date, or a suspended possession order, which means the tenant may remain in the property provided they meet certain requirements.

What Are the Stages of Residential Possession?

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.

How Long Will Court Proceedings Take?

The court process for residential possession proceedings can vary in length depending on several factors, including the complexity of the case, the court's schedule, and whether the tenant contests the possession order. Generally, from the time a landlord submits a claim for possession to the court, it can take approximately four to six months to resolve.

This timeline includes the initial application, the court hearing, and the issuance of a possession order. If the tenant does not vacate the property voluntarily, the landlord may need to apply for a warrant of possession, which could extend the process by an additional few weeks. For a more accurate estimation, it's advisable to consult legal experts who can provide guidance based on the specific details of the case.

Our Approach To Residential Possession Proceedings

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.

Meet the Team

Luca AngaranoChartered Legal Executive
Nick DentChartered Legal Executive

Why choose Walker Foster?

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When selecting a legal partner for residential property possession claims, experience and expertise are crucial to ensure your case is managed with precision and care. Walker Foster has a well-established presence in the UK community, with offices in Skipton, Barnoldswick, Silsden, Settle, Ilkley, Northallerton and Harrogate. Since our founding in 1919, we have become a trusted name across generations within the communities we serve.

Our team specialises in residential property possession law, offering a supportive and respectful approach. With over a century of experience, we deliver top-quality legal services, ensuring your case is handled with the utmost professionalism and attention to detail. Our extensive knowledge of the law and our dedication to client care make us a reliable choice for your legal needs.

At Walker Foster, we prioritise clear communication and transparency, keeping you informed at every stage. Our friendly and approachable team listens to your concerns and provides the guidance you need. By choosing Walker Foster, you are opting for a partner who values your needs and is committed to achieving the best possible outcome for your residential property possession claim.

Are you ready to discuss your residential property possession claim? At Walker Foster, we are here to help you navigate the complexities of property law with ease and confidence. 

Whether you require assistance with possession claims or an accelerated possession procedure to get your property back swiftly, we can support you. Our team of experienced solicitors is dedicated to providing you with expert advice and personalised service to ensure your needs are met efficiently and effectively.

Reach out to us today to connect with our expert residential property lawyers and begin your journey with a reliable partner committed to your success.

"Samantha has been extremely helpful and efficient with the sale of my house. She made the whole process much less stressful than I expected. Would definitely recommend and ask for Samantha’s help in future when purchasing my next home."

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