Possession Adviser

Possession Adviser - Starting Possession

Here you will find everything you need to know when it comes to getting possession of a property back. Click through our Possession Adviser panel on the left for advice, information and resources to help you through the process.

Tenants have important rights which prevent them being evicted or unlawfully harassed by a landlord. For most types of tenancy, the landlord will need to obtain a court order before he can evict his tenants. Landlords should check that they understand the correct procedures before starting any possession action.

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Which tenancy?

Before you start your possession action, it is vital that you know what type of tenancy your tenants have. It will usually be stated at the top of the tenancy agreement document, and in the majority of cases, it will be a standard assured shorthold. It is best to check just in case.

Which possession route?

You will also need to decide which route is most appropriate and issue the correct notice on your tenant. For assured shorthold tenancies, there are two main routes which you can follow: Section 21 and Section 8.

Which possession procedure?

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Once you know which route to follow, you can decide which is the most appropriate court procedure. For example, the accelerated possession procedure (APP) is quicker but only applies in certain situations.

What if the tenant doesn’t leave?

If the tenant does not leave after serving the notice, then you will need to start court proceedings. This can take several weeks, and requires payment of a court fee. It is vital that you get it right otherwise you’ll be sent back to the beginning by the court!