GETTING BACK YOUR PROPERTY ASSURED SHORTHOLD TENANCIES
Broadly speaking possession proceedings are mostly commenced when either of the following occurs :
1. Your tenants falls behind with their rent and are in arrears during the course of their Assured Shorthold Tenancy or
2. The Assured Shorthold Tenancy has come to an end and the tenants refuse to give up possession of the property.
NON PAYMENT OF RENT
If a tenant pays their rent on a monthly basis, once they are 2 months in arrears you can commence possession proceedings. A section 8 notice needs to be served on the tenant and court proceedings can be commenced 2 weeks later.
POSSESSION AT THE END OF AN ASSURED SHORTHOLD TENANCY
A Section 21 Notice must be served on the tenant. This can be done when the tenancy commences by you or your letting agent. If the notice is not served at the commencement of the tenancy this should be done at least 2 months prior to the end of the tenancy agreement. Provided a valid notice has been served then court proceedings can be issued immediately. This is called the Accelerated Possession Procedure. If the correct notice has not been served then we can do this for you.
Possession proceedings under the Accelerated Procedure are quicker and usually dealt with without a hearing. However, please note, if the tenant has paid a deposit at the commencement of the tenancy and this has not been placed in an approved government scheme, the Accelerated procedure cannot be used.
TAKING BACK YOUR PROPERTY
The tenant should leave the property on the date the possession order states. If the tenant fails to give up possession we can instruct a Court Bailiff to attend the property to regain possession for you.
We have a 100% success rate in Possession proceedings.