Landlord and Tenant

Residential - Possession Claims For Landlords


This is a type of tenancy which allows a Landlord to let a property whilst retaining the right to repossess their property at the end of the term. An AST must be created after 28th February 1997. This will be a contract for a fixed period with exclusive occupation of a property.

This is a document which provides two months’ notice for a tenant to leave a property. This must be used by a landlord if they wish for their property to be vacated. This must be drafted correctly and there are several issues which must be dealt with correctly in order for a s21 to be valid such as serving the prescribed information and correctly protecting a deposit.

We will ensure you have complied with the law and that the notice is correctly served on your tenant.

This is a document which provides notice for a tenant to leave a property. There are mandatory and discretionary grounds which can be relied upon. A mandatory ground would be one in which if a court is satisfied that the notice is correct, must grant an order of possession. A discretionary ground is one which the Court can reject or agree to an order. A mandatory ground would be for example that your tenant is in two months of arrears of rent. A discretionary ground would be if they are often late in paying rent.

Often tenants do not move out even if a notice is served on them to do so. Therefore the only lawful way to remove them would be to obtain an order of possession by way of court proceedings. If you are relying on a S21 notice, this will be dealt with by the Court on the papers. If you rely upon a s8 notice, a court hearing will be listed to determine your application.

You would need to bring a separate claim for rent arrears if relying upon on a s21 notice. This would usually be a small claim.

If a landlord fails to protect a deposit within 30 days in an authorised scheme, a tenant can make a claim for 1-3 times the amount of deposit as compensation. This can also prevent you from using a s21 notice if you do not resolve matters in the correct way.

We would need you to provide to us-

  1. Copy of all tenancy agreements
  2. All documents served on tenants throughout the tenancy such as Gas safety certificate, how to rent guide, EPC certificate, deposit certificate.
  3. Evidence of how the documents were served (first class post, email, by hand)

You can either attend one of our offices or we can hold the meeting virtually through WhatsApp video, Zoom or Teams.

You would be advised by Samir Moftah, a Director within Manak Solicitors of many years’ experience. Samir has successfully obtained possession of properties for many landlords, many of which are repeat clients.

We are a multi accredited firm of Solicitors who work to the highest of standards. We have multiple reviews of satisfied clients. We work to a fixed fee provided that the matter is not contested which most are not. This gives you as a landlord certainty of cost. We will deal with matters efficiently.

You can use our instant Instruct form by clicking here or call us on 01689 870760 or email [email protected]. We will come back to you quickly.