Possession order solicitors - Possession proceedings

What are possession proceedings?

Possession proceedings are court proceedings brought by a landlord seeking an order requiring a tenant or contract-holder to give possession of a property back to them.

Court proceedings will generally become necessary where the appropriate notice seeking possession has been served and the tenant or contract-holder has not left the property when required.

Following the correct procedure from the outset is important. Errors with the notice or possession claim can result in delays and additional costs.

When can a landlord start possession proceedings?

The appropriate route will depend upon why you need your property back and whether the property is situated in England or Wales.

In England, grounds for seeking possession under the current private rented sector regime can include circumstances where:

• the tenant is in rent arrears;
• the tenant has engaged in anti-social behaviour;
• the landlord intends to sell the property;
• the landlord or certain members of their family intend to move into the property; or
• another applicable legal ground for possession can be established.

There is no longer a general Section 21 'no fault' route for private landlords serving new notices in England.

In Wales, the grounds and notice requirements are different and depend upon the relevant occupation contract and the basis on which possession is sought.

Our solicitors can review your circumstances and advise on the most appropriate route to possession before proceedings are commenced.

What is a possession order?

A possession order is an order made by the court requiring a tenant or contract-holder to give possession of the property back to the landlord.

The court will determine whether the landlord has established their entitlement to possession. Depending on the circumstances and legal basis of the claim, different orders may be available.

If a possession order is made but the tenant or contract-holder does not leave the property when required, the landlord may need to take further steps to enforce the possession order.

How our possession solicitors can help

Our specialist landlord and tenant solicitors can manage possession proceedings from start to finish.

We can assist with:

• reviewing your tenancy or occupation contract documentation;
• identifying the appropriate grounds for possession;
• reviewing notices which have already been served;
• preparing and serving the appropriate notice seeking possession;
• preparing Section 8 notices in England;
• advising on the appropriate possession process for properties in Wales;
• issuing and managing possession proceedings;
• dealing with defended possession claims;
• preparing evidence and witness statements;
• arranging representation at a possession hearing;
• obtaining a possession order; and
• advising on enforcement and warrants of possession where the tenant or contract-holder does not leave.

We offer fixed fees for stages of the possession process, helping landlords understand and budget for their legal costs.

Why choose Stephensons possession order solicitors?

When you need to regain possession of a rental property, getting the procedure right from the outset can help avoid unnecessary delays and expense.

Our specialist residential landlord team has experience dealing with possession proceedings for landlords across England and Wales. We provide clear, practical advice tailored to your circumstances and keep you informed throughout the possession process.

Whether you need advice before serving notice, your tenant has already refused to leave, or you need to issue or enforce a possession order, we can advise you on the next steps.

Call our possession order solicitors on 0161 696 6170 to discuss your case.