There are some big changes coming for property agents and landlords, here we outline matters relating to serving a possession order and shed light on the pitfalls to avoid.
If you want to evict your tenants lawfully then you need to get a possession order, also referred to as an order for possession. However in light of new regulations you now need to comply with quite a few more requirements PRIOR TO serving your notice and if they are not done, the court will not make a possession order. Instead it will simply dismiss the claim and you will have to start all over again.
The requirements of the court:
- The deposit (if taken) must be registered in accordance with the rules and a copy of the certificate must be provided
- The notice must be correct in its form and how it is served and proof of service of the notice is required
- An energy performance certificate must have been provided
- A gas safety certificate must have been provided or confirmation there are no gas appliances in the property
- If the landlord has received any notice from the tenant about the condition of the property under S.11 OR 12 OR 40(7) of the Housing Act 2004 details of the notice and what action has been taken need to be provided to the court
- The tenant needs to have been provided with the “How to rent “checklist and details of how the tenant was provided with this need to be provided
If you are considering serving notice on your tenant it is now very important to first take a moment to see if each of the above points are in order, if not make sure you do before serving notice.
Next, work with a specialist solicitor to serve notice. At TM Law our expertise and seasoned approach means our property client’s possession order process is watertight…and no mistakes equals no dent on average yield figures. More on this in our recent blog, How To Evict Tenants the Right Way. Then, once the time given to the tenant has expired, possession order proceedings can be commenced.
The court will want to see evidence of compliance with the matters in 1-6 above as well as a copy of your tenancy agreement.
If that is all in order, then you should be able to obtain a possession order without too much trouble.
We always recommend to our clients that they only go for possession at this stage and do not try and pursue a claim for arrears of rent.
The reason for this is that it does not give the tenant the opportunity to raise issues to defend the claim and to bring any counterclaim.
A claim for arrears of rent can always be brought after you have successfully recovered possession of your property.
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About TM Law – Specialist landlord and tenant solicitor
Based in Wickford, Essex, TM Law is a small and dedicated solicitors. With many years’ experience, helping businesses and local individuals with matters of tenancy agreements, Wills and Lasting Power of Attorney, compromise agreements, employment disputes, debt collection, commercial disputes and much more.
As a specialist landlord and tenant solicitors, TM Laws’ knowledge of tenancy agreements, section 8 and section 21 notices, issuance of possession proceedings and rent recovery proceedings is second to none, and their approach is proven to achieve maximum recovery for minimum outlay on behalf of local landlords.
For a personal service, practical advice, quick tenant eviction and recovery of your rent arrears contact us today. We offer a fair, fixed fee service and we’re always happy to help.