At Lewis Nedas, we are property law experts. From drafting and negotiating leases to conducting complex conveyancing transactions, our team is on hand to assist you. We are also specialist litigators and therefore well placed to prevent and resolve contentious issues arising in relation to property law.
Below we offer guidance on the steps that are required to be taken by a landlord who wants to regain possession of their property. It is important to understand the procedure involved, as mistakes can be fatal to a claim of possession. We would, therefore, advise that you speak to a qualified solicitor as soon as possible, who can help guide you through the process.
If you want to discuss any of the issues raised here, please contact one of our team today. We will put you in touch with one of our specialists who will offer plain language English advice, with a focus on delivering for you.
Possession Proceedings – The Key Steps
Initiating a Claim
If you are a landlord, you can raise a possession claim to recover your property. The claim can be made in the County Court. It is best to make the claim in the County Court local to the property – if the claim is made in another County Court, it will be sent to the local Court, which can cause delays. Claims can also be made online in certain circumstances. If your claim relates solely to unpaid rent, for example, then it may be possible to make the claim online.
There are certain forms which must be completed – namely either the N5 or the N5B. The N5B applies to accelerated proceedings. The forms require you to provide details of the claimant, defendant and the property in question. You will also have to indicate the grounds on which the claim for possession is made – such as rent arrears, trespass or other breaches of the tenancy agreement.
The N5 or N5B should be accompanied by a Particulars of Claim form. The form to be used varies depending on whether the property is a rented residential property or mortgaged residential property and whether it involves a claim against trespassers. The Particulars of Claim form requires further details about the tenancy, the rent and any tenancy agreement. You are also asked to provide the reasons why you are claiming possession. If rent is in arrears, for example, you will be expected to provide details of what is outstanding and what steps have been taken to recover any arrears. You will also be required to provide details of the relevant notices having been served. At the end of the form, you are required to sign a ‘Statement of Truth' where you confirm that the facts stated in the Particulars of Claim form are true. Alternatively, if you have a solicitor assisting in the process, they can fill in the form and sign the statement on your behalf.
Service on the Tenants
Once you have submitted these forms to the court, the court will fix a date for the possession hearing, which will generally be between 4 and 8 weeks later. The forms will then be served on the tenant – along with the defence form for them to complete if required – and this is also usually done by the court.
The tenant then has the opportunity to respond. Any defence submitted by the tenant needs to be made within 14 days of the documents being served on them. The Defence Form allows the tenant to dispute the claim – setting out if and why they do not agree with what is said in the Particulars of Claim Form. They can dispute how much rent is in arrears, indicate if they have a counterclaim to be made and it also allows the tenant to give details of any events or circumstances which have led to them being in arrears for rent. These will be considered by the Court in deciding if any possession order should be delayed. The tenant is also given the opportunity to explain why they would suffer exceptional hardship if they are ordered to leave the property. The tenant is also required to sign a Statement of Truth.
Court Hearing
Ultimately, the Court has to decide if an order for possession should be granted. There are several options available to the Court – from dismissing the case or adjourning the case to granting an order. As expert litigators, we will be able to advise you on the options likely to be taken by the Court in your particular case, as well as represent you at all hearings. This is the best way to ensure that your case is accurately presented and the Court has all the relevant information available to make an informed decision.
Get in Touch
Our team of expert property solicitors understand the difficulties associated with being a landlord. It can be challenging to seek to recover possession of your property. The administrative burden and court procedures can feel overwhelming. It is essential that you complete all forms fully and present your experience in a clear, accessible manner for the Court. Evidence gathering is also very important. We are here to make that process simple and straight forward while achieving the right outcome for you.
At Lewis Nedas, our team of Property Solicitors have broad experience in all areas of commercial and residential property law. We have decades of experience in advising landlords – from lease negotiation to claims for possession. We understand the importance of keeping you informed about your property, while also taking the lead on the day to day administration. To speak with one of our Property Lawyers, please contact us on 020 3811 3589 or complete our online enquiry form.
Below we offer guidance on the steps that are required to be taken by a landlord who wants to regain possession of their property. It is important to understand the procedure involved, as mistakes can be fatal to a claim of possession. We would, therefore, advise that you speak to a qualified solicitor as soon as possible, who can help guide you through the process.
If you want to discuss any of the issues raised here, please contact one of our team today. We will put you in touch with one of our specialists who will offer plain language English advice, with a focus on delivering for you.
Possession Proceedings – The Key Steps
Initiating a Claim
If you are a landlord, you can raise a possession claim to recover your property. The claim can be made in the County Court. It is best to make the claim in the County Court local to the property – if the claim is made in another County Court, it will be sent to the local Court, which can cause delays. Claims can also be made online in certain circumstances. If your claim relates solely to unpaid rent, for example, then it may be possible to make the claim online.
There are certain forms which must be completed – namely either the N5 or the N5B. The N5B applies to accelerated proceedings. The forms require you to provide details of the claimant, defendant and the property in question. You will also have to indicate the grounds on which the claim for possession is made – such as rent arrears, trespass or other breaches of the tenancy agreement.
The N5 or N5B should be accompanied by a Particulars of Claim form. The form to be used varies depending on whether the property is a rented residential property or mortgaged residential property and whether it involves a claim against trespassers. The Particulars of Claim form requires further details about the tenancy, the rent and any tenancy agreement. You are also asked to provide the reasons why you are claiming possession. If rent is in arrears, for example, you will be expected to provide details of what is outstanding and what steps have been taken to recover any arrears. You will also be required to provide details of the relevant notices having been served. At the end of the form, you are required to sign a ‘Statement of Truth' where you confirm that the facts stated in the Particulars of Claim form are true. Alternatively, if you have a solicitor assisting in the process, they can fill in the form and sign the statement on your behalf.
Service on the Tenants
Once you have submitted these forms to the court, the court will fix a date for the possession hearing, which will generally be between 4 and 8 weeks later. The forms will then be served on the tenant – along with the defence form for them to complete if required – and this is also usually done by the court.
The tenant then has the opportunity to respond. Any defence submitted by the tenant needs to be made within 14 days of the documents being served on them. The Defence Form allows the tenant to dispute the claim – setting out if and why they do not agree with what is said in the Particulars of Claim Form. They can dispute how much rent is in arrears, indicate if they have a counterclaim to be made and it also allows the tenant to give details of any events or circumstances which have led to them being in arrears for rent. These will be considered by the Court in deciding if any possession order should be delayed. The tenant is also given the opportunity to explain why they would suffer exceptional hardship if they are ordered to leave the property. The tenant is also required to sign a Statement of Truth.
Court Hearing
Ultimately, the Court has to decide if an order for possession should be granted. There are several options available to the Court – from dismissing the case or adjourning the case to granting an order. As expert litigators, we will be able to advise you on the options likely to be taken by the Court in your particular case, as well as represent you at all hearings. This is the best way to ensure that your case is accurately presented and the Court has all the relevant information available to make an informed decision.
Get in Touch
Our team of expert property solicitors understand the difficulties associated with being a landlord. It can be challenging to seek to recover possession of your property. The administrative burden and court procedures can feel overwhelming. It is essential that you complete all forms fully and present your experience in a clear, accessible manner for the Court. Evidence gathering is also very important. We are here to make that process simple and straight forward while achieving the right outcome for you.
At Lewis Nedas, our team of Property Solicitors have broad experience in all areas of commercial and residential property law. We have decades of experience in advising landlords – from lease negotiation to claims for possession. We understand the importance of keeping you informed about your property, while also taking the lead on the day to day administration. To speak with one of our Property Lawyers, please contact us on 020 3811 3589 or complete our online enquiry form.
