Telephone Liskeard: 01579 343165

Residential Possession Proceedings

Taking care of the details…

The process for gaining possession of your property is one that needs to be followed precisely and in accordance with the law. At Caunters we handle all the details involved in the initiation of possession proceedings to ensure that you gain possession of your property in the shortest possible time frame.

Saving you time and money…

From the moment we take your instructions we advise you on the procedure and the time-scales involved. We act quickly and efficiently through each stage of the process keeping you regularly updated.  We have many years of experience in acting in these matters and we use that expertise to ensure your possession proceedings go as smoothly as possible.

Background to the legislation

As a landlord of residential property it is likely that your tenant occupies the property under an Assured Shorthold Tenancy.  These tenancies are governed by the Housing Act 1988 and are usually for an initial term of six months and then from month to month thereafter.

Under the Housing Act there are two ways to recover possession of a property let under an Assured Shorthold Tenancy Agreement.  The first is where the relationship between the landlord and tenant has broken down.  This may be because the tenant is in breach of a term of the Tenancy Agreement, has rent arrears or one of the other Grounds set out in the Housing Act applies.

The second situation is where the landlord requires the property back but does not have to give a specific reason.

In both cases a notice must be served on the tenant requiring possession of the property back.  The law is very strict as to the contents of the notices and the time-scales for them to be served and for them to expire.  If you do not get the details correct then you will have to start from scratch.  We will prepare the notice on your behalf to ensure that it is valid and that you do not lose precious time before Court proceedings can be commenced.

If the tenant has not vacated by the expiry of the notice then we will apply to Court for a possession order which will usually require the tenant to vacate within 14 days.  In some circumstances this can be extended by the Court to six weeks if exceptional hardship would be caused.

If the tenant has still not vacated by the date that possession is ordered by the Court then we will apply to Court for a warrant of eviction which will result in the bailiff attending and lawfully removing the tenant.

Get the right advice

Call Caunters on Liskeard (01579) 343165