Possession Proceedings - Court Eviction

If you have rented out your property to a tenant on an Assured Shorthold Tenancy and your tenant remains in occupation (and/or in arrears of rent) after expiry of the date stated on the Section 8 or Section 21 Notice, we can commence possession proceedings at the County Court to achieve a court eviction.

The Civil Procedure Rules state that the possession proceedings must be dealt with by the County Court which serves the district in which your property is situated. This means that we have no discretion as to which Court to commence proceedings. The claim must be commenced at the Court which is most local to the property in question.

Possession proceedings pursuant to Section 21 of the Housing Act 1988 are known as accelerated possession proceedings and will usually be dealt with without the need for a Court Hearing. If your tenant submits a Defence, which is unlikely, the Judge may order a Hearing to decide whether or not to award posession. It is imperative that the Section 21 Notice has been correctly drafted and served to ensure that there are no complications.

Proceedings that are commenced pursuant to Section 8 of the Housing Act 1988 will always be set down for a Court Eviction Hearing. If the tenant submits a Defence, this will be dealt with at the Hearing. If the Judge is satisfied as to the grounds for possession, possession will be granted. Alternatively, the Hearing may be adjourned to a later date or the claim may be dismissed entirely. It is essential that we are kept informed of any correspondence or payments that you have received from your tenant from the time of commencement of the claim up to and including the date of the Hearing so that we can assist in dealing with any Defence that the tenant may wish to rely on.

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