Are you seeking to regain possession of your residential flat or house?
In considering the correct procedure to adopt when seeking possession of a property, we will firstly review the tenancy agreement in place between you and your tenant as well as compliance with the other regulations currently in force.
Section 21 notice
This is known as the “non-fault” procedure. If you wish to gain possession, but your tenant is not at fault under the tenancy agreement, you can only serve this notice, subject to compliance with the following:
- Protection of the tenancy deposit,
- Provide the tenant with a gas safety certificate and electrical performance certificate prior to the commencement of the tenancy agreement,
- Provide prescribed information (How to rent: the checklist for renting in England)
Section 8 notice
There are mandatory and discretionary grounds contained within Schedule 2 of the Housing Act 1988. If you can establish a mandatory ground (Grounds 1 to 8), a judge must order possession. For discretionary grounds (Grounds 9 to 17), the judge will decide if the facts justify a possession order.
After the period of the notice served has lapsed, you can issue a claim for possession. Depending on the claim form used, a court hearing may be listed. The next step would be obtaining the possession order. Finally, to regain possession you need to obtain a warrant or writ of possession.