Procedure Of Possession Proceedings: A Brief Guide

Possession proceedings involve disputes related to possession of a property or a physical asset. These are very common globally where two parties are unable to solve the property possession case and opt to go to court to settle the dispute.
Following is a brief guide to help you know more about the possession proceedings, how to file one and what happens in the procedure. It is recommended to take legal advice from an experienced tenancy solicitor before filing a possession claim.

SERVING POSSESSION NOTICE

If you have a cause that relates to a certain ground, such as they have breached the rules of the tenancy, you can send your renters a section 8 notice. On the notification, you must state the particular reasons why you are seeking ownership of your property.

You have the option of using the necessary grounds. If you can show one of these causes, the judge must compel the renters to vacate your residence—for instance, the reasons for 8 weeks’ unpaid rent and anti-social conduct charges.

Optional reasons can also be used. Only if you can show the realities that relate to the cause and the court finds it fair to make an order may the judge force the renters to vacate your premises. Infringements of the tenancy agreement are other instances of grounds.

MAKING POSSESSION CLAIM

People can seek court’s help for a possession order for tenancy disputes or if their renter does not depart by the date mentioned in the notice. You must include documentation demonstrating the reasons for your claim and how the tenant is affecting you or your dependents.

The tenant also has a right to file a defence to the court. The tenant may use the defence to present legal reasons why an occupancy warrant should not be issued, a counterclaim, or a request for further time to depart due to significant inconvenience. The court will send a copy of the defence to you if one is filed.

HEARING OF THE POSSESSION

Possession hearings are often conducted at the county court that serves the region in which the house is located. If you have any particular needs, such as requiring extra help to enter the facility, you must notify the judge at the earliest. You should present copies of all essential papers related to your claim at the possession hearing.

After the possession hearing, the judge may decide to move the hearing to a later date in case of incomplete facts or needing more time to investigate the dispute. They can also dismiss your claim if the claim filed is unsuccessful or if the judge understands that your claim is false or does not make sense. The judge can also make a possessive order if the tenant is guilty of the contract breach or anti-social behaviour.

POSSESSION WARRANTS

If the tenant does not vacate the home according to the judge’s orders or doesn’t comply with the court’s terms or order of suspension, you can also opt for a warrant for possession. If you opt for it, you can seek the warrant immediately.

HIRE THE BEST LANDLORD SOLICITORS IN WEMBLEY

Possession proceedings are very complex and can take a lot of time. It is best if you take the help of a tenancy solicitor. Wembley solicitors can provide you with all the necessary help you need for legal cases. We have experienced and professional solicitors for different fields. Our services include family law solicitors, tenancy solicitors, immigration solicitors, etc.

Reach out to us to book an appointment today.