Possession Process Stage Two

Stage One - Advising, Preparing and Serving Section 8 and/or Section 21 Notices

Stage Two - Issue of Court Proceedings

If the tenant fails to vacate or remedy the breach of the tenancy agreement relied on, the
next step is to issue possession proceedings using either:-

  • The standard possession procedure relying on a Section 8 Notice previously served.
Our fixed fee includes drafting and filing the possession claim at the Court and arranging
for attendance at the possession hearing. The fixed fee is limited to one Court
appearance and if the original hearing is adjourned, an additional fee would be payable.
Because the possession claim is based upon one or more of the grounds in Schedule 2
of the Act (usually rent arrears) it is possible to include a claim for the arrears as part of
the proceedings and to obtain a court judgment in relation to the arrears which can then
be enforced.

  • The accelerated possession procedure relying on a Section 21 Notice previously served.
Our fixed fee includes drafting and filing the accelerated possession claim and then the Request for Possession Order at Court. Because the Court is only being asked to consider whether a valid Section 21 Notice has been correctly served, there is
generally no need for a possession hearing to be listed. This means that under the
accelerated possession procedure, it is not possible for you to include a claim for rent
arrears. There is no reason why a separate debt recovery claim could not subsequently
be brought against the tenant, with which we would be happy to assist. Please note that
in the unlikely event that the Court lists a possession hearing, an additional fee would be
payable.

Stage Three - Obtaining a Possession Warrant

Getting in touch

To find out more about how our Property Recoveries service can help you, please contact Kyle Wyness on 01295 204135 or email kwyness@se-law.co.uk

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