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If you are a landlord who needs to claim possession of a property from a tenant, whether it’s a commercial premises or residential premises, you must obtain expert legal advice and proceed with caution. Tenants have extensive rights, and it is crucial that you follow the correct procedure to avoid breaching these.
If you want to have a tenant removed from your property, you need to take certain specified steps in the right order, or there is a risk that your claim will not be successful.
At BakerLaw, our Dispute Resolution Team is experienced in dealing with all types of possession claims and means of regaining possession of property. We also deal with opposing possession claims and assist and advise on adverse possession claims.
Our services include the following:
- Advice and assistance with the possession claims process for both residential and commercial property
- Serving any requisite possession notices
- Obtaining orders for possession from the court
- Dealing with the enforcement of possession orders
- Defending possession claims
- Advice and assistance in relation to claims for adverse possession
Our possession claims solicitors understand how important it is to deal with possession issues without delay so that you can take back your property and ensure that your investment is making the return you need. We can identify the best solution for your situation and work to end any difficulties you are having with your tenants.
You can contact your local BakerLaw office or email us at enquiries@baker-law.co.uk.
Our Expertise in Possession Claims
Making a Possession Claim for Residential Property
We will identify which type of claim is right for your circumstances. This could be an accelerated possession claim, if the tenant is not at fault in any way, or a standard possession claim, which is used where the tenant has defaulted on the tenancy agreement, for example, by failing to pay rent.
The first step is to serve notice on the tenant. Should your tenant fail to vacate the property in accordance with the notice, we can then apply to the court for an order for possession. If the case is not defended, the judge may make an order based on the documents provided. Alternatively, if the tenant defends the case, there may be a hearing. We will prepare you for this and provide expert representation.
Enforcing a Possession Order for Residential Property
Once you have been granted a possession order, if the tenant fails to leave, we can ask the County Court bailiff to enforce the order. Alternatively, if the case has permission to be transferred to the High Court, a High Court Enforcement Officer can deal with the issue, which is generally a quicker process.
Defending a Possession Claim
If you are facing possession proceedings, we can advise you of your rights. We can check whether the correct procedure has been followed and if the notices served on you are valid. Where necessary, we can provide expert legal representation in court to oppose a possession claim.
Claims for Adverse Possession
If you have been in occupation of land or premises which do not belong to you for a certain number of years, you may be entitled to claim adverse possession of that land. There are several requirements that you must satisfy to be eligible to claim adverse possession of the land, and we can advise you on these.
We can take you through the requirements and advise you as to whether your claim is likely to be successful. If it is, we will put together the necessary documentation and make an application to the Land Registry on your behalf.
We can also advise and assist you in opposing an adverse possession claim which has been made against you.
Commercial Property Possession Claims
If you are a landlord of commercial property and wish to regain possession of the property, renew your lease with your tenant, or if your tenant is in breach of the tenancy, specific steps need to be taken.
BakerLaw can assist you with this and provide legal representation in court proceedings if necessary. We also regularly advise and assist commercial tenants with difficulties faced from their landlords, including:
- Notices that are served about lease renewals.
- Notices that are served about breaches of the lease.
- Serving requisite notices
- Forfeiture
- Representation in court proceedings
Possession claims explained
What is a possession claim?
A possession claim is a legal request by a landowner that someone occupying the land, usually a tenant, but sometimes a trespasser, vacate the property.
Who can bring a claim for possession?
Both the landlord and the landowner can choose to initiate a possession claim. This could be because the landlord wants to use the premises for other purposes, because the tenant has breached the tenancy agreement, or because the occupier is trespassing.
There are a range of legal grounds on which a landlord can require a tenant to leave, including wanting to live in the property themselves, wanting to redevelop the property or where the tenant is in arrears of rent.
What is adverse possession?
Adverse possession is when someone other than the landowner uses and occupies land as if it were their own without the permission of the landowner. It requires:
- Exclusive possession of the land and use of the land as if the occupier were the owner for a continuous period of time, preventing free use of the land by others
- Intention to possess the land to the exclusion of all others, including the landowner
- The possession must be adverse, i.e. without the consent of the owner
Who qualifies for Adverse Possession, otherwise referred to as squatters’ rights?
Where an individual can show adverse possession of property for a continuous period of twelve years if the land is unregistered or ten years where the land is registered, they may be eligible to claim adverse possession, sometimes referred to as ‘squatters’ rights’.
This commonly occurs when someone occupies a strip of land adjacent to their own, such as land used for parking. They may fence it, pave it, and treat it as theirs for the required period of time, which may make them eligible to make a claim for adverse possession so that they have the possessory title to the land.
Adverse possession can also occur in various other situations, and we can advise you in any case.
How can you secure vacant possession of a property?
The first step should be to speak to your tenant or other occupier of the land to see whether they will be willing to provide vacant possession and to try and agree on a date for them to leave the property. We can step in on your behalf to contact your tenant and start these conversations. Sometimes a solicitor’s letter can be persuasive, and we can work to resolve any issues and try and arrange for the tenant to leave without further action being necessary.
Where required, we can then serve a notice on the tenant or the occupier, setting out that you want them to leave, the date they are to leave by and, if required, the reasons for this. Again, this may secure vacant possession where the tenant does not want to face legal proceedings.
If necessary, we can make an application to the court for an order for possession and deal with enforcement of this on your behalf.
Contact our expert possession claims solicitors
If you are considering making or defending a claim for possession of property, our legal experts will be able to advise you.
You can ring our Dispute Resolution Team on 01252 733 770, contact your local BakerLaw office or email us at enquiries@baker-law.co.uk.