Articles

Possession Articles

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Possession and Repossession

A tenancy provides the parties to it with a number of important rights and obligations.  One of these rights is control over the property, referred to as 'possession.'  During a tenancy the tenant has possession of the property, but once the tenancy has been terminate possession returns to the landlord.  Click here to read more

Possession Procedures - and the new civil procedure rules

At last an attempt has been made to rationalise the procedures in landlord and tenant actions, but does it go far enough? The old rules are revoked and new, simplified and streamlined rules introduced within the Civil Procedure Rules, matched by new forms.  But does it go far enough?  Click here to read more

Rent Arrears and Possession Problems - Part One

Your tenant faithfully promises to pay the rent but the cheque never arrives.  The rent arrears mount and telephone calls are never answered. In the meantime, the tenant moves his Alsation dog into the spare bedroom - it is every landlord's and agent's nightmare. Landlords may well take fright in such situations but agents who are paid to manage the landlord's affairs cannot afford to delay and pontificate.  Click here to read more 

Routes to Possession and Eviction - Part Two

Since our last series of articles on the law of possession actions, there have been several fundamental changes to the court procedures and rules, although the basic routes (under sections 8 and 21 of the Housing Act) remain intact, as does the basic requirement that a landlord must obtain a court order before he can remove his tenant from the property - hence the importance of being familiar with the rules and the overall process! Click here to read more

Possession and Eviction - Part Three

In this third part of the series, we consider how the possession order cna be enforced if the tenants do not leave on the date reuqired by the possession order, and how any remaining rent and other monies can be recovered once the tenant has left.  Click here to read more