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Regaining possession of your property as a Landlord can be a complex process and there can be a number of delays, but we are here to alleviate this for you. There are strict legal procedures that need to be carried out, so it is crucial you appoint a qualified Landlord Solicitor to guide you through these complex processes.
Landlord restrictions are coming to an end
Tenants in commercial and residential properties have been protected by a number of emergency legislation changes introduced by the Government through the Coronavirus Act 2020, which included a temporary ban (moratorium) on eviction proceedings and prevented landlords from enforcing evictions with bailiffs. From the 1st of October 2021 however, the restrictions on Landlords of residential properties have come to an end, and in England, notice periods will revert to their pre-pandemic stages.
A report compiled by the LSE, portrays a worrying prediction of the court system, estimating that at least 100,000 claims could be subject to court proceedings this year.
While only a third of those that start the eviction process reach formal repossession, it says about twice as many tenants, as usual, are in arrears, and these arrears are likely to be rising.
How do Landlords regain possession of a property?
Under the Protection from Eviction Act 1977, it is an offence to evict a tenant unlawfully. To ensure that a tenant leaves the premises, you can opt for a possession proceeding case in the following instances:
The tenant owes a significant amount of dues in rent
The tenant has violated the tenancy agreement or
The Landlord wishes to sell his property
To take repossession of your property, there are strict legal procedures you must follow. You must issue a written notice that is according to the required legal format. A possession claim will either follow a standard procedure or an accelerated procedure.
Specialist Legal Advice
At Rose & Rose, we understand the full implications of being a Landlord, as well as the challenges you may face. We can advise and represent you in all Landlord and Tenant matters, including contractual obligations, disputes and litigation at Court should the need arise.
Regaining possession of a property can be a complex area of law, but that’s where we can help. Our specialist Landlord and Tenant solicitors will advise you on the best course of action, aiming to resolve issues through negotiation or alternative dispute resolution, guiding you through the various options available to you.
This blog post is not intended to be taken as advice or acted upon. If you are seeking legal advice, please contact our team of solicitors