Gaining Possession: All You Need To Know About Possession Proceedings

Living on rent anywhere in the world is tough. For a lot of people, rental homes such as apartments are viable options for the flexibility, affordability and other perks they offer. As a tenant, there’s less burden of maintenance and many agreements include utilities in the rent.

The key to a successful tenant-landlord relationship is a comprehensive, ironclad contract that protects the rights and interests of both parties. Landlord-tenant disputes can often get ugly and spiral out of control if either party breaches their terms of the agreement. In these cases, the law exists to intervene and protect the rights of both parties.

Possession Proceedings—What they are and why they’re used

Possession proceedings are usually the last resort in the scenario where a tenant and landlord cannot find a middle ground and need legal intervention. Typically, it’s when the landlord attempts to regain possession of their property through the court.

It’s not the same as an eviction, because the landlord needs solid grounds for attempting to regain their property. The tenant’s rights are protected and in fact, favoured by the law, making it incredibly challenging.

Instead, they can file for unlawful and forced eviction, harassment and more, if the landlord is caught breaching the terms of their contract. This can be for various reasons, including:

• Wanting to sell their property
• Unpaid dues—which is what warrants an eviction
• Damage to property or other violations of the contract

The landlord can choose the route of possession.

However, even in the case of a notice being served by the court, the tenant may not leave the property. In that case, a possession notice must be reissued, and legal aid is required to evict the tenant.

It can be a long-drawn process, with both parties being evaluated by the court of law. Whether you’re a landlord seeking to regain possession of your property, or you’re a tenant feeling wrongfully evicted by your landlord, you can contact us. Our solicitors are experienced with landlord-tenant disputes and more.