Feakes & Co Solicitors
Monmouthshire NP16 5UH
Tel: 01291 639280
Fax: 01291 606076
Possession Of Your Rented Property
If you are the landlord of domestic property, you will occasionally need to take steps to obtain possession of your property. The tenant may be in arrears with the rent, or be refusing to leave after the tenancy period ends. Sometimes you will need to obtain possession to carry out essential repairs. Whatever the reason, the process of recovering possession is not easy. It is easy to trip up – and mistakes can be costly.
When the tenant agrees to leave
When a fixed-term tenancy comes to an end (and you do not want to renew it), the tenant will often agree to leave. This can also be the case with a tenancy which has continued on a month-by-month basis after the end of the fixed-term. If your relationship with the tenant is good, then you may be able to agree their departure date with them, when they should hand over the keys to you.
Giving Notice To Quit
If the tenant does not agree to leave, or you want the certainty of the formal procedure to ensure that they do leave, you will need to serve notice to quit. With Assured Shorthold Tenancies, if the
tenant is in breach of the tenancy agreement (for instance, by not paying the rent), you need to serve a “section 8 notice”, and when there is no breach but you want possession for some other reason, you need to serve a “section 21 notice”. Service of a notice tends to have the effect of concentrating the mind of the tenant, and rent arrears will often swiftly be brought up to date.
Claim For Possession
If the tenant ignores the notice to quit and does not vacate the property, what is the next step? You have to issue court proceedings for a possession order, which will lead to a short court hearing. If the tenant has not filed a defence, or their defence does not show that there is a genuine dispute, the judge will normally grant the possession order at the hearing. If there are grounds for a defence, the hearing will be adjourned to a later date, to allow evidence to be filed.
Once you have the possession order, if the tenant still refuses to leave, you will need to make a further application to court for a warrant of possession. This will allow a bailiff to evict the tenant, and return the property to you.
It is important to take advice about a particular set of circumstances. Call us today to discuss your situation and how we can help.
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