In most residential possession cases, the tenant will vacate the property following the service of a section 8 or section 21 notice. However, in the cases where the tenant fails to vacate, the landlord may be forced to proceed with court action to evict the tenant.
To start a possession claim, the landlord must first prepare a claim form and send this to the County Court.
There are two types of procedure that can be used depending on the type of possession notice that was given to the tenant. Under the standard procedure, the claim is issued on a form N5. If the accelerated procedure is used in the case of a section 21 notice, then the claim is issued on a form N5B.
If a landlord uses the standard procedure, then particulars of claim must be completed, which will provide more details about the case than the claim form.
It is important that the information contained within the claim form and particulars of claim are accurate, as the Landlord will sign a statement of truth.
The claim form and particulars of claim must then be served upon the tenant. The court usually sends the claim form to the tenant by first class post. The date of service is governed by the Civil Procedure Rules as the second day after the date of posting. It does not matter when the tenant actually received the form.
The claim form and particulars of claim must be served on the tenant at least 21 days before the hearing date.
The tenant can respond to the possession claim by submitting a defence within 14 days of receiving the claim documents. A defence is filed by sending it to the court. The defence should include the details of the reasons they are defending the proceedings for example the landlord’s ground is unproven or there is a counterclaim.
The court will set a date for the possession hearing when the claim form has been received, which is usually within 4 -8 weeks from the date of the claim being issued. The court will set a date for the possession hearing when the claim form has been received, which is usually within 4 -8 weeks from the date of the claim being issued.
For the accelerated procedure, which can be used when a section 21 notice has been served the case is dealt with by a district judge by looking at the paperwork filed by the landlord. A hearing would only take place if the judge is not satisfied that either the claim form was served or that the claimant has not proven their right to possession under section 21.
The judge can make an order for possession if the court is satisfied that the landlord has proven the ground (if the section 8 route is being used) or if the landlord has followed the correct process (if the section 21 route is being used). The judge can make an order for possession if the court is satisfied that the landlord has proven the ground (if the section 8 route is being used) or if the landlord has followed the correct process (if the section 21 route is being used).
Possession is usually given 14 or 28 days from the date of the hearing.
The possession date can be delayed under certain circumstances.
Money judgments (if the section 8 route is being used) and costs orders can also be granted. Although, ordinarily only limited fixed costs are recovered for possession proceedings.
Myerson’s Property Litigation team are experts in landlord property disputes. We have a wide range of experience in these cases and can help you to understand your options and guide you through the process, so please get in touch.
