What is Property Repossession? House Repossession, UK Legal

If you’re a landlord seeking?possession of your property ?because you’re tenant has not paid the rent you cannot just ask them to leave or change the lock of their property. The tenant has every right of occupation due to their tenancy agreement, so you need to make sure you serve them with a?notice of eviction ?before making an application to the court.

The courts in?England and Wales ?will only allow the landlord to take?possession of the property ?if the fixed term of the tenancy has come to an end and the landlord has given at least two months’ notice to the tenant in writing before starting?court proceedings .

However, if the tenant is in breach of any part of the agreement, then the landlord may apply for the?repossession , even if the tenancy agreement has not come to an end. The landlord can rely on any of the grounds 2,8,10,11,12, 13,14,14A, 15 or 17 as applies to assured tenancies.

Before the Landlord can take any action to obtain a?Possession Order from the Court , he or she must first serve a Notice of Intention to seek possession. The amount of notice required will be determined by the ground on which the?landlord seeks a Possession Order .

• For ground 2, the Landlord must give two months’ notice.
• For grounds 8, 10, 11, 12, 13, 14, 14A, 15 and 17 the landlord must give two weeks’ notice.

The notice must be given on a special form that informs the tenants about their rights (Section 8 Notice ). If the?proceedings ?are not started within 12 months of the notice being served, a new notice must be served.

The Government Has Announced:

While this national emergency is in effect, emergency legislation will prevent new evictions from social or private rented housing. During the crisis, no new?possession proceedings ?will be initiated through court applications.

Landlords will be protected as well, with the extension of the 3-month mortgage payment holiday to Buy to Let mortgages.

The government has now changed the minimum notice periods tenants receive for?evictions ?from three to six months. This instruction will be in place in England until at least 31 March 2021, apart from in cases involving things like anti-social behaviour and domestic abuse.

Reasons to End the Tenancy Early

The landlord may want to end the tenancy early if:

• The tenant has not paid the rent and continues to live on the property
• The tenant has caused damage to the property and has failed to repair it despite being notified by the landlord
• The tenant is not permitted to live in the United Kingdom

Before you can get a?Possession Order ?from the court to end the tenancy, you must first serve a?section 8 notice ?on the tenant.

Can The Landlord End the Tenancy Without Any Reason?

No, the landlord can only end the tenancy for one or more of the reasons listed in the Housing Act 1988. There are 17 grounds in total to end the tenancies, but most landlords would like to end the tenancy because either the tenant has not been able to pay the rent or because they have damaged the property without repairing it.

Let’s Understand the Grounds to Seek Possession Order:

Ground 8

This is a mandatory ground, and the court must make a?possession order ?in 14 days (due to the pandemic this period has been extended by the court until 1st October 2021 in England) provided it is satisfied that when the notice is served and at the time of the hearing there are:

• At least 8 weeks of?rent arrears , where rent is payable weekly or every two weeks
• At least 2 months of?rent arrears , where rent is payable monthly
• More than three months in arrears, where rent is payable every three months
• More than three months in arrears, where rent is payable yearly

Grounds 10 & 11

The other grounds considered for rent arrears are Grounds 10 and 11 but the court does not have to grant an order. However, these grounds should always be included as a fallback. If the rent is unpaid at the time the section 8 notice is served and has not been paid by the start of the?possession proceedings , Ground 10 applies.

Ground 11 applies when the tenant has been consistently late in paying the rent whether or not he has been actually in arrears.

Ground 13

If the tenant has damaged the property has not got it repaired, then Ground 13 can be used for?repossession . Damage to property under Ground 13 includes any common areas to which the tenant has access in the building where their property is located. A tenant will also be considered to have damaged the property if they allow someone living with them, such as a sub-tenant, to do so.

Ground 7B

This ground is applied for?repossession ?in England for occupants who are disqualified because of their immigration status.

What is the Process of Rental Repossession?

The majority of private tenancies are granted on the basis of a guaranteed shorthold tenancy. A?Section 21 notice ?or the service of a notice under?Section 8 of the Housing Act 1988 ?can be used to terminate these agreements.

Section 21 notice |?The landlord does not need to have a reason or grounds for?serving the section 21 notice ?for eviction to the tenant when their tenancy agreement comes to an end or after the first four months of them occupying the property.

Section 8 notice |?A?section 8 notice , on the other hand, is only issued if the tenant violates their tenancy agreement, such as by failing to pay rent or engaging in anti-social behaviour. This can be served at any time while they are a tenant. The landlord will also have to go through the?legal proceedings .

Possession Order

When a?possession order ?is issued by the court the tenant must leave the property by the date mentioned in the court order. Usually, the possession date is 14 days after the date the court makes the order. If the tenant still refuses to leave the property by that date, then the landlord must apply for a?warrant of possession ?from the court by completing Form N325 and the court will send a bailiff to evict the tenant.

Summing-up

If you already have a?possession order ?and need experts to drive it ahead for you, please speak to our expert team who can guide you on timelines costs and any procedural points you need to complete before you pay our fee. Feel free to get in touch with us to get your process expedited.

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