Procedure

Procedure

We can advise and act for you in bringing a court claim for the possession of your property.

We will advise you on the most appropriate route whether that be the standard procedure or the accelerated procedure. We will inform of the timescale and costs for each and keep you fully informed throughout.

We will attend court for you (or arrange for an experienced advocate to attend) and put a robust case forward for you. We have extensive experience before County Court judges on all types of landlord and tenant matters. Most of our court work involves evictions.

There are two types of procedure. The procedure you use depends, largely, on what type of notice has been served but also on what the landlord wishes to achieve.

Standard procedure

This procedure involves submitting a claim form, particulars of claim and a witness statement to court. The court will arrange for the papers to be sent to the tenant and they can defend the claim and/or bring a counter claim. The court will also arrange for there to be a hearing. At the hearing, the judge will decide the case or they may adjourn it if the tenant has defended the claim or brought a counter claim.

This procedure would commonly be used where the landlord has served a Notice of Seeking Possession or where the accelerated procedure cannot be used because the landlord wishes to claim rent arrears or is not able to produce a tenancy agreement.

For straight forward cases such as rent arrears are usually dealt with under the standard procedure. The landlord can usually expect for the judge to make a court order for possession which gives the tenant between 0 and 28 days to leave.

Accelerated procedure

This procedure is used where the landlord has served a valid Notice Requiring Possession and is seeking possession only – it is not for where the landlord is seeking possession and a money judgement for any rent arrears (if this is the case, the Standard procedure should be used).

This procedure involves submitting a claim form, the tenancy agreement, notice and proof of service of the notice. If there is no tenancy agreement, the Standard procedure can still be used. The court will send a copy of the papers to the tenant. The tenant has an opportunity to defend the claim (albeit on limited grounds) or ask for extra time to leave. Usually, the court will make an order for possession to take effect after 28 days or 56 where the tenant has asked for more time and the judge is satisfied that the tenant will experience exceptional hardship.

Once the date for possession on the court order has passed, if the tenant has not left, we will instruct bailiffs to attend the property to physically evict the tenant. We can advise you on whether using the high court bailiffs rather than the county court bailiffs would be quicker and/or more appropriate in your case. Use of the high court bailiffs for tenant evictions is not as straight forward or quick as TV shows would have landlords believe.

What clients say

I regularly recommend Tozers to colleagues both in and out of the sector I work in.

Carole Spencer, Head of HR Westward

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