Call Us TODAY on 020 3588 4240

What is Repossession of Property Service and Who Provides it?

If you’re a landlord in the UK who wants to take possession of your property because your tenant hasn’t paid their rent, you should take the repossession route to gain possession of your property. It would not be legally right to enter the property without the consent of your tenant and ask them to leave or change the lock. Because the tenant has the right of occupation under their lease agreement, you must serve them with an eviction notice before filing an application with the court.

In England and Wales, the courts will only allow the landlord to take possession of the property if the specified term of the tenancy has expired and the landlord has given the tenant at least two months’ written notice before initiating court proceedings.

Even if the tenancy agreement has not come to an end, if the tenant breaches any part of the agreement, the landlord may seek repossession. The landlord can rely on any of the grounds 2,8,10,11,12, 13,14,14A, 15 or 17 as applies to assured tenancies.

Before taking any steps to obtain a Possession Order from the Court, the Landlord must first serve a Notice of Intention to Seek Possession. The length of notice necessary depends on the reason for the landlord’s request for a Possession Order.

  • The Landlord must give two months’ notice to his tenant for ground 2.
  • On the other hand, for grounds 8, 10, 11, 12, 13, 14, 14A, 15 and 17 the landlord must give two weeks’ notice.

The notice must be delivered on a particular form that explains the tenants’ rights (Section 8 Notice). A new notice must be served if the proceedings are not initiated within 12 months after the notice is served.

Government Announcement for rent, mortgage payments and possession proceedings |

This is for the purpose to help landlords and tenants understand the requirements around rent, mortgage payments and possession proceedings that are in place during the pandemic.

The Coronavirus Act 2020 protected social and private tenants by delaying when landlords can evict tenants. The provisions in the Act increased the notice periods landlords were required to provide to tenants when seeking possession of residential property between 26 March 2020 and 30 September 2021. Between 1 June 2021 and 30 September 2021, notice periods were required to be at least four months except in the most serious cases such as egregious rent arrears or anti-social behaviour.

From 1 October 2021, all notice periods returned to the pre-pandemic position. This means the minimum period of notice which must be given under section 21 is two months and, where a section 8 notice is relied upon, the minimum notice period will depend on the ground(s) on which possession is sought.

The stay on possession proceedings, which was a separate measure imposed to mitigate the effects of the pandemic, expired on 20 September 2020 and all landlords are now able to progress their possession claims through the courts.

Legislation preventing bailiff enforcement of evictions has also now expired. This measure was in place from 17 November 2020 until 31 May 2021. Orders can now be enforced where the landlord has a valid warrant of possession. However, bailiffs must provide 14 days’ notice of an eviction and have been asked not to carry out an eviction if they are made aware that anyone living in the property has COVID-19 symptoms or is self-isolating.

New Court Arrangements

Court rules are currently in force which requires landlords who are making a possession claim to set out any information they are aware of about how their tenant, or any dependant of their tenant, has been affected by the coronavirus COVID-19 pandemic (Covid Notice). Where the claim relates to rent arrears, landlords will also need to provide an updated rent account for the previous 2 years in advance of the hearing. Where any of this information is not provided, judges can adjourn proceedings until the requirement to provide it has been met.

In England, new arrangements were put in place from 21 September 2020 to respond to the pandemic. These have now mostly expired except the Covid Notice. However, to respond to coronavirus individual County Courts may have additional procedures in place to manage the flow of cases. Landlords and tenants should follow any instructions provided to them by the court when making or defending a claim for possession.

As detailed above, legislation preventing bailiff enforcement of evictions has now expired. This was in place from 17 November 2020 until 31 May 2021. Therefore, orders can now be enforced where the landlord has a valid warrant of possession. Bailiffs must provide 14 days’ notice of an eviction and have been asked not to carry out an eviction if they are made aware that anyone living in the property has COVID-19 symptoms or is self-isolating.

Reasons to End the Tenancy Early

The landlord may want to end the tenancy early if |

  • The tenant has not paid the rent and continues to live on the property
  • The tenant has caused damage to the property and has failed to repair it despite being notified by the landlord
  • The tenant is not permitted to live in the United Kingdom

Before you can get a Possession Order from the court to end the tenancy, you must first serve a section 8 notice on the tenant.

Can The Landlord End the Tenancy Without Any Reason?

No, the landlord can only terminate the tenancy for one of the grounds specified in the Housing Act 1988. There are 17 grounds for terminating tenancies in all, but most landlords want to do so because the tenant has either failed to pay the rent or has damaged the property without repairing it.

Let’s Understand the Grounds to Seek Possession Order |

Ground 8

This is a mandatory ground, and the court must issue a possession order within 14 days (due to the pandemic, this period has been extended by the court until 1st October 2021 in England), if the court is satisfied that the following conditions exist when the notice is served and at the time of the hearing:

  • At least 8 weeks of rent arrears, where rent is payable weekly or every two weeks
  • At least 2 months of rent arrears, where rent is payable monthly
  • More than three months in arrears, where rent is payable every three months
  • More than three months in arrears, where rent is payable yearly

Grounds 10 & 11

Grounds 10 and 11 are also examined for rent arrears, although the court is not required to issue an order. These grounds, however, should always be included as a backup. Ground 10 applies if the rent is owed when the section 8 notice is served and has not been paid by the start of the possession proceedings.

Ground 11 applies when the tenant has been consistently late in paying the rent whether or not he has been actually in arrears.

Ground 13

Ground 13 can be used for repossession if the renter has harmed the property and has not had it repaired. Damage to property under Ground 13 includes any common areas in the building where the tenant’s property is placed to which the tenant has access. If a renter allows someone living with them, such as a sub-tenant, to do so, they will be judged to have damaged the property.

Ground 7B

This ground is applied for repossession in England for occupants who are disqualified because of their immigration status.

What is the Process of Rental Repossession?

A guaranteed shorthold tenancy is used for the vast majority of private tenants. These agreements can be terminated using a Section 21 notice or a notice under Section 8 of the Housing Act 1988.

Section 21 notice |

When the tenant’s rental agreement expires or after the first four months of their occupancy, the landlord does not require a reason or grounds to serve a section 21 notice of eviction on them.

Section 8 notice |

A section 8 notice, on the other hand, is only issued if the tenant breaks the terms of their rental agreement, such as failing to pay rent or indulging in anti-social behaviour. During their term as a renter, this can be served at any time. The landlord will be subjected to legal action as well.

Possession Order

When a court issues a possession order, the renter is required to vacate the property by the specified date. The possession date is usually 14 days after the court issues the order. If the tenant still refuses to leave by that date, the landlord must file Form N325 with the court to get a warrant of possession, and the court will dispatch a bailiff to evict the tenant.

Summing-up

If you already have a possession order and need experts to drive it ahead for you, please speak to our expert team. Our complete residential repossession package takes care of transferring your possession order from the county court to the High Court, as well as carrying out your eviction in strict compliance with the law and all prevailing Regulations. To check that you have an Order in the correct form please contact us before you pay for our service. You can scan a copy of your possession order for us so we can check it for you.

Feel free to contact us to get your process expedited.

Check out our solution here | https://shergroup.com/product-page/property-residential-repossession-of-property-service/

Contact us on
You can reach us |
By Phone | 020 3588 4240
Website | www.shergroup.com and you can chat to us from here
Email | [email protected]
Facebook | Check out Shergroup on this channel and message us
Twitter | Check out ShergroupChat on this channel and message us
LINKEDIN | Check out Shergroup’s LINKEDIN – and please FOLLOW us!
Instagram | Check out ShergroupChatter and follow us!

You Might Also Like

Content Writer​

DISCLAIMER NOTICE |

The following disclaimer applies to Shergroup Limited and its platform, shergroup.com. Please read this notice carefully before accessing or using any information provided on our platform.

  1. No Legal Advice | The information presented on shergroup.com, including but not limited to articles, blog posts, FAQs, and other resources, is provided for general informational purposes only. It is not intended to be, and should not be considered, legal advice. The information provided does not create a solicitor/client relationship between Shergroup Limited and the user.
  2. Not a Substitute for Legal Advice | The information on shergroup.com should not be relied upon as a substitute for obtaining legal advice from a qualified professional. The application of laws and regulations can vary based on specific circumstances, and legal advice tailored to your particular situation is crucial. Therefore, we may refer you to a member of our partner firm -Shergroup Legal – on legal matters or encourage you to take your own legal advice from your preferred advisor.
  3. No Guarantee of Accuracy | While we strive to provide accurate and up-to-date information, Shergroup Limited does not guarantee the accuracy, completeness, or reliability of any information on shergroup.com. The legal landscape is constantly evolving, and laws may vary across jurisdictions. Therefore, any reliance you place on the information provided is at your own risk.
  4. No Liability | Shergroup Limited, including its officers, employees, agents, and affiliates, shall not be held liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to or use of shergroup.com or any information contained therein. This includes, but is not limited to, any errors or omissions in the content, or any actions taken or not taken based on the information provided.
  5. Third-Party Links | Shergroup.com may contain links to third-party websites or resources. These links are provided solely for convenience and do not imply endorsement or responsibility for the content, accuracy, or legality of such websites or resources. Shergroup Limited shall not be liable for any damages or losses incurred as a result of accessing or using any third-party websites or resources.
  6. Changes to Disclaimer | Shergroup Limited reserves the right to modify or amend this disclaimer notice at any time without prior notice. Any changes will be effective immediately upon posting on shergroup.com. It is your responsibility to review this notice periodically for updates.

By accessing or using shergroup.com, you acknowledge that you have read, understood, and agreed to this disclaimer notice. If you do not agree with any part of this notice, you should refrain from accessing or using shergroup.com.

Last updated | 19 July 2023

Should you have any questions or concerns regarding this disclaimer notice, please contact us at [email protected]