Residential Possession Proceedings

PCB Solicitors have a specialist team of lawyers who are available to provide you with advice and assistance on residential possession proceedings. With our help you can recover possession of your tenanted residential property as swiftly as possible and at a pre-determined cost.

There are a number of routes available to obtain possession depending on the type of agreement in place and our aim is to help you gain possession as quickly and for the lowest cost as possible.

The most cost effective and quickest procedure is through Section 21 of the Housing Act 1988; although there are strict rules surrounding this procedure. This is known as the accelerated procedure. We will consider your case carefully to advise you on the best options available for you.

Tenants often move out upon expiry of the date set in the Notice period, but sometimes this is not the case and court proceedings will need to be issued to obtain a Possession Order. Below is a guide on our costs to issue a Notice to the tenant and to issue court proceedings. Without a Possession Order it is a criminal offence to remove a tenant or occupier and failure to follow the appropriate procedure can result in claims for damages being brought against the Landlord even if there are significant rent arrears.

If a Section 21 Notice is not the best or an available option to you as a Landlord then generally we can assist in the recovery of possession of the residential property under Section 8 of the Housing Act 1988. 

Grounds for Possession

Possession can be obtained for a number of reasons including:

  • end of the fixed term tenancy
  • rent arrears
  • anti-social behaviour
  • Landlord requires occupation of the property
  • nuisance
  • breach of the tenancy agreement

Some grounds allow for mandatory possession of the property such as two months’ rent arrears and some are at the discretion of the Court, but we can advise you on this in more detail and assist you to decide the best options available to you.

Costs

Please find details of our fees, as the procedures are different in England and Wales the fees are separated:

We would be happy to have a free telephone discussion with you about your options so please don’t hesitate to call us on 01743 248148 and ask to speak with our Litigation Department or contact us here. We can meet with you at any of our offices across Shropshire and Mid-Wales including Shrewsbury, Telford, Church Stretton, Ludlow, Knighton, Newtown and Bishops Castle.