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Landlord repossession and payment of arrears of rent

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If you are a residential landlord and your tenant has fallen behind in rent Grant Saw’s litigation team can assist you in recovering the arrears and, if it is time for them to move on, we can manage the process for you. We have successfully assisted many residential landlords in recovering rent arrears and their property.

Why (or when) would someone require this service?

A landlord will require this service when a tenant has fallen behind with payment of their rent and the landlord wishes to evict the tenant due to this breach. In such circumstances we will request on behalf of the landlord that the court orders possession of the property as well as an order that the tenant pays the arrears of rent owing. 

Below is a summary of the procedure required to evict a tenant who is in arrears of rent based on a property being rented out under an assured shorthold tenancy agreement.  This is the most common form of tenancy agreement although there are other types of agreements in existence.  

How does the process work/what are the steps involved? 

If the tenant has fallen into arrears of rent and the landlord wishes to evict the tenant, the first step is to serve a Notice on the tenant informing them of this.  This is known as a Section 8 Notice (Notice pursuant to Section 8 of the Housing Act 1988). 

Once the Section 8 Notice has been served, the tenant must be allowed a period of at least 14 days in which to make payment of the arrears of rent to the tenant. If the tenant fails to do this, then the landlord is entitled to proceed to issue possession proceedings at court to evict the tenant.  

Once issued the court will list the matter for a hearing.  We will ordinarily arrange for the landlord to be represented at the court hearing (normally via the attendance of a barrister).  

Assuming that the proceedings are uncontested and that at the time that the Section 8 Notice was served and at the date of the court hearing there are at least two months arrears of rent owing to the landlord;  the court will order the tenant to vacate the property and will also require the tenant to pay the landlord the arrears of rent owing. If there are less than two months rent owing the court will have discretion as to whether to award possession of the property to the landlord or not. Where the court does have discretion, it could consider awarding a suspended possession order instead to the landlord. This would allow the tenant to remain living at the property provided that payment of future rent was paid on time and the arrears cleared by the tenant.

If the court does order the tenant to provide the landlord with possession of the property, it will normally allow the tenant a further period of fourteen days within which to vacate the property.

If the tenant fails to abide by the court order, then the landlord is entitled to seek to apply to the court bailiff for assistance to remove the tenant from the property.

If the tenant fails to pay the landlord the arrears of rent owing, then we can advise separately as to the various methods of enforcement available to the landlord for enforcement of the monetary sum.

How long does it take?

Once court proceedings are issued, the court will normally list the court hearing to take place within eight to ten weeks thereafter.

The court will ordinarily provide the tenant with a period of fourteen days from the making of the court order to vacate the property. If the tenant does not vacate the property during this period of time, then the landlord will need to seek the assistance from a court bailiff to remove the tenant from the property.  This could take an additional four to six weeks to be attended to.

Is it expensive? What are the likely costs?

We offer a fixed price for acting for uncontested residential possession cases.  Please contact us for more information.

What are the things that people should consider before calling?

Landlords should ensure that they are clear as to the current level of rental arrears.  Landlords should also have available the current tenancy agreement for consideration.

Why are Grant Saw the best people for the job?

We have successfully provided assistance to landlords for many years in recovering possession of their properties.

This is a specialist area and there are many pitfalls.  It is best practice to instruct solicitors who have expertise in this subject area, such as Grant Saw Solicitors. A technical error in procedure can lead to months of delay and potentially wasted costs to landlords.

Meet the Landlord repossession and payment of arrears of rent team
Ray Crudgington
Managing Partner
greenwich
02083054224
ray.crudgington@grantsaw.co.uk
Maria Lati
Partner
Head of Residential Property
blackheath
02083054229
maria.lati@grantsaw.co.uk
Mike Clary
Partner
Head of Family
greenwich
02083054237
mike.clary@grantsaw.co.uk
Kalpa Prajapati
Partner
Head of Private Client
blackheath
02083053536
kalpa.prajapati@grantsaw.co.uk
Mario Savvides
Partner
Head of Commercial Property
greenwich
02083053531
mario.savvides@grantsaw.co.uk
Sarah-Kate Jackson
Partner
Head of Litigation
greenwich
02083054236
sarah-kate.jackson@grantsaw.co.uk
Adina-Leigh Collins
Litigation
Solicitor
greenwich
02083053556
adina-leigh.collins@grantsaw.co.uk
Aimal Gram
Commercial Property
Solicitor
greenwich
02083053524
aimal.gram@grantsaw.co.uk
Aisha Mohammed
Residential Property
Solicitor
greenwich
02083054228
aisha.mohammed@grantsaw.co.uk
Aishat Balogun
Aishat Balogun
Family
Solicitor
greenwich
02083054214
aishat.balogun@grantsaw.co.uk
An Le Tran
Commercial Property
Professional Support Solicitor
greenwich
02083054226
anle.tran@grantsaw.co.uk
Angus Young
Litigation
Solicitor
greenwich
02083054225
angus.young@grantsaw.co.uk
Atifha Aftab
Atifha Aftab
Family
Solicitor
greenwich
02083054238
atifha.aftab@grantsaw.co.uk
Bimal Kotecha
Litigation
Solicitor
greenwich
02083053523
bimal.kotecha@grantsaw.co.uk
Charlotte Mandy
Charlotte Warren
Private Client
Solicitor
blackheath
02083054231
charlotte.warren@grantsaw.co.uk
Claire Mac Mahon
Litigation
Solicitor
greenwich
02083053537
claire.macmahon@grantsaw.co.uk
Deborah Taite
Residential Property
Solicitor
blackheath
02083053542
deborah.taite@grantsaw.co.uk
Emily Pearce
Residential Property
Solicitor
greenwich
02083053526
emily.pearce@grantsaw.co.uk
Georgia Beales
Litigation
Paralegal
greenwich
02083054206
georgia.beales@grantsaw.co.uk
James McKimm
James McKimm
Corporate and Commercial
Solicitor
greenwich
02083054217
james.mckimm@grantsaw.co.uk
Jeremy Brooks
Jeremy Brooks
Private Client
Solicitor
blackheath
02083053534
jeremy.brooks@grantsaw.co.uk
Joanna Godden
Notary Public
Notary
greenwich
02083083535
joanna.godden@grantsaw.co.uk
Kim Whitaker
Kim Whitaker
Corporate and Commercial
Head of Corporate and Commercial
greenwich
02083053539
kim.whitaker@grantsaw.co.uk
Laura Danquah
Compliance Manager
greenwich
02083054222
laura.danquah@grantsaw.co.uk
Lauren Smith
Employment and Family
Paralegal
greenwich
02083053543
lauren.smith@grantsaw.co.uk
Mandeep Clair
Family
Solicitor
greenwich
02083054235
mandeep.clair@grantsaw.co.uk
Michael Pope
Employment
Consultant Solicitor
greenwich
02083053540
michael.pope@grantsaw.co.uk
Michelle Pinnington
Michelle Pinnington
Residential Property
Solicitor
greenwich
02083054216
michelle.pinnington@grantsaw.co.uk
Noella Gooden
Employment
Solicitor (Australian qualified)
greenwich
02083053543
noella.gooden@grantsaw.co.uk
Raj Waghela
Raj Waghela
Residential Property
Solicitor
greenwich
02083053529
raj.waghela@grantsaw.co.uk
Randeep Thethy
Randeep Thethy
Residential Property
Solicitor
greenwich
02083054209
randeep.thethy@grantsaw.co.uk
Ruggero Pesciatini
Ruggero Pesciatini
Corporate and Commercial
Paralegal
greenwich
02083054220
ruggero.pesciatini@grantsaw.co.uk
Sarah Conner
Sarah Conner
Private Client
Solicitor
blackheath
02083054234
sarah.conner@grantsaw.co.uk
Simran Lalli
Simran Lalli
Employment
Solicitor
greenwich
02083054208
simran.lalli@grantsaw.co.uk
Susan Collins
Commercial Property
Solicitor
greenwich
02083054200
susan.collins@grantsaw.co.uk
Tatiana Zenina
Tatiana Zenina
Private Client
Solicitor
blackheath
02083054239
tatiana.zenina@grantsaw.co.uk
Trisha Djemal
Trisha Djemal
Residential Property
Consultant Solicitor
blackheath
02083053546
trisha.djemal@grantsaw.co.uk
Tyrone Grant
Residential Property
Head of Leasehold Enfranchisement
blackheath
02083053522
tyrone.grant@grantsaw.co.uk
Denise
Accounts Staff
greenwich
02088586971
enquiries@grantsaw.co.uk
Jayne Lye
Support Staff
Office Manager
greenwich
02083054204
jayne.lye@grantsaw.co.uk
Jamie
Support Staff
Head of IT
greenwich
02088586971
enquiries@grantsaw.co.uk
Kasia
Accounts Staff
greenwich
02088586971
enquiries@grantsaw.co.uk
Michael Tobin
Michael Tobin
Support Staff
Marketing and Business Development Manager
greenwich
02083053550
michael.tobin@grantsaw.co.uk
Sue Holness
Support Staff
Customer Services
greenwich
02083054221
sue.holness@grantsaw.co.uk