Possession claims

Securing possession of your property can be a complex and contentious process, especially when dealing with tenants who refuse to vacate.

Moore Barlow’s experienced solicitors provide robust legal support for possession claims, ensuring your rights as a property owner are upheld. We handle all aspects of the process, from serving initial notices to representing you in court proceedings.

Our team is dedicated to achieving a swift and effective resolution, minimising the stress and financial impact of possession disputes. We offer clear guidance on the legal requirements and best practices for regaining possession, helping you navigate the process with confidence. Trust Moore Barlow to protect your property interests and secure a favourable outcome in possession claims.

What are possession claims?

Possession claims are legal actions taken by landlords to regain possession of their property from tenants, often due to rent arrears, lease breaches, or the end of a tenancy agreement.

Types of possession claims

Types of possession claims can vary depending on the circumstances and the type of tenancy involved. Here are some of the most common types:

Standard possession claims

A standard possession claim is typically used when a landlord seeks to regain possession of their property after a tenant fails to vacate at the end of a fixed-term tenancy or following a Section 21 notice. This type of claim can also be used if the tenant is in breach of the tenancy agreement, such as failing to pay rent or causing damage to the property.

Accelerated possession claims

Accelerated possession claims are a faster route to regain possession of a property, usually used when a landlord has served a valid Section 21 notice and does not seek any outstanding rent or other costs from the tenant. This process does not usually require a court hearing, making it a quicker option, but it is only applicable in certain circumstances, such as when there is a written tenancy agreement in place.

Rent arrears possession claims

When a tenant falls behind on rent payments, a landlord may pursue a possession claim specifically based on rent arrears. This type of claim can be initiated under Section 8 of the Housing Act 1988, which allows landlords to seek possession if the tenant owes a specified amount of rent. This process may also involve claiming the unpaid rent as part of the proceedings.

Possession claims based on breach of tenancy

If a tenant breaches the terms of their tenancy agreement, such as causing serious damage to the property, engaging in illegal activities, or creating a nuisance for neighbours, a landlord can file a possession claim based on the specific breach. This type of claim is also typically brought under Section 8 of the Housing Act 1988 and requires the landlord to demonstrate that the breach is serious enough to justify eviction.

Possession claims following the end of a fixed-term tenancy

When a fixed-term tenancy comes to an end and the tenant refuses to leave, the landlord can file a possession claim to regain control of the property. This is often done under Section 21, provided the landlord has followed all the legal procedures, including giving the tenant the required notice period.

Possession claims for social housing

Social landlords, such as housing associations or local authorities, may need to pursue possession claims in cases where tenants breach the terms of their tenancy agreements, fail to pay rent, or engage in anti-social behaviour. These claims often involve additional considerations, such as the tenant’s vulnerability and the availability of alternative housing options.

Each type of possession claim has its own legal requirements and processes, so it’s essential for landlords to seek professional legal advice to ensure they follow the correct procedures and increase their chances of a successful outcome.

How we can help

At Moore Barlow, we understand that possession claims can be a challenging and time-sensitive matter. Our expert solicitors provide comprehensive legal support to ensure that your claim is handled efficiently and effectively.

We offer a full range of services, beginning with an in-depth assessment of your situation to provide you with tailored advice on the most appropriate legal grounds for your possession claim.

From the preparation and service of all necessary notices to representing you in court, our team ensures full compliance with the latest legal requirements, helping to avoid potential delays or challenges. Our goal is to secure a swift and favourable outcome for you, minimising both the stress and financial impact of the process.

Who we can help

Our possession claim services are designed to assist a wide range of clients, including private landlords, property management companies, housing associations, and commercial property owners. Whether you are dealing with tenants who are in rent arrears, breaching their lease terms, or refusing to vacate at the end of a tenancy agreement, we can provide the legal expertise you need.

We have extensive experience working with clients across different sectors, ensuring that we can address the unique challenges that may arise in your specific situation. No matter how complex the case, our solicitors are committed to protecting your property rights and guiding you through the process with confidence.