Possession proceedings take place when a landlord applies to the High Court or local County Court for proceedings to take place against their tenant when there has been a serious breach of contract. In effect, this is a claim for the recovery of land.
Defending possession proceedings can be very difficult and it is important to seek legal advice as soon as possible. A defence should be filed with the court within 14 days by the tenant. It is very important to discuss any potential arrangements which the landlord and the tenant could come to, in order to settle the matter without the need for repossession.
If the possession claims are successful, the tenant has 28 days to move out. If the tenant does not wilfully vacate the premises, then this may result in eviction. If the landlord attempts to regain possession of the property through any other way than through the courts, they would be committing a criminal offence and charged with a penalty fine and/or up to 2 years in prison.
If you are seeking advice on possession proceedings, please get in contact with our team of specialist solicitors. Possession proceedings are very serious claims and need to be acted on as soon as possible. If you receive a court summons, it does not mean that the property you live in will be repossessed. However, it does mean that it is a possibility which may happen if you do not take adequate steps to defend yourself.
What do I do next?
Contact us online or speak to one of our experienced property lawyers on 0207 998 7777 for a free initial consultation. With our vast experience in the field, our team will work with you to ensure this process runs as smooth as possible. All information you provide us with is treated with the utmost confidentiality.
We will contact you no later than the next working day to arrange a meeting at our offices in London W1 to advise on the agreement.