Possession Claims
We help landlords to swiftly and cost-effectively regain vacant possession of their properties
Recovering vacant possession of a property can be a nightmare for landlords, but in most cases, it does not need to be. With the right approach, guided by experienced property lawyers, possession claims can typically be resolved quickly and with minimal expense.
Longmores’ Property Litigation team have high-level expertise in all aspects of property law, including dealing with possession claims. We work closely with landlords to understand their situation and priorities, then find a suitable approach that helps them regain possession of their property the right way for them.
We can swiftly assess the situation, identify any potential problem areas and advise you on which approach is likely to get you the outcome you need with the least possible hassle. We can then take care of the whole possession process for you, including dealing with any court proceedings that may be involved.
Market leading possession claims expertise
We regularly advise landlords on possession claims for all types of properties.
Our possession claims expertise includes:
Based in Hertford, we work with clients all over the country, including London and the South East. Typical clients include landlords, management companies, managing agents, investors, developers, individual property owners, and rural landowners.
Independently recognised property litigation expertise
We are ranked by leading client guide the Legal 500 for our Commercial Property and Commercial Litigation expertise.
Head of Property Litigation John Wagstaffe has been recommended by the Legal 500 for his property litigation expertise and is a member of the Property Litigation Association and the Association of Leasehold Enfranchisement Practitioners.
Speak to our possession claims solicitors
To discuss your requirements with our pragmatic, commercially focused and approachable possession claims experts, please get in touch.
Our possession claims services
Service of notices seeking possession
The first stage in regaining possession of a property is to serve notice on the tenants that you are seeking possession of the property. This notice must clearly state the grounds on which you are seeking the possession and the date by which you require the tenants to vacate.
Longmores’ Property Litigation team can help ensure this stage goes smoothly and that you comply with the strict legal requirements around giving notice to tenants. This includes making sure the proper notice periods are observed.
Any mistakes you make at this stage can be costly, including causing delay or your possession claim to fail entirely, so the right approach is essential.
We can assist with all matters related to notices seeking possession, including:
- Advice on what grounds for possession apply
- Drafting notices seeking possession and serving them on tenants
- Dealing with any follow-up correspondence with tenants
- Advice on your options if the tenants refuse to vacate or do not respond to the notice or other attempts at communication
Issuing possession claims
If you have served notice on a tenant and they fail to leave by the specified date, you can apply to a court for a possession order. This application will need to include the grounds for the possession along with any necessary supporting evidence. The tenant is able to submit a defence against your application for a possession order and must also include evidence to support their case.
In certain cases, a judge can review the documents and make a decision on the possession order without the need for a hearing. However, a hearing is often required so it is important to be prepared for this eventuality.
Longmores’ possession claims experts can take care of your application for a possession order, doing all of the hard work for you and making sure all of the correct evidence is included. We can also provide expert representation if a hearing is required.
We can assist with all matters related to applications for possession orders, including:
- Preparing your application
- Seeking a pre-review settlement with the tenant
- Representing you during possession hearings
Forfeiture
Where a tenant has breached the terms of their lease, a landlord may have the right to terminate the lease. This is referred to as ‘forfeiture’. Depending on the nature of the breach and the terms of the lease, the landlord may be able to terminate the lease immediately or after a period of notice.
Forfeiture can be a tricky legal process and it is very easy for landlords to make a mistake and find themselves facing legal action from their tenants. It is therefore critical to have the right legal advice when considering terminating a lease due to a breach.
Longmores Property Litigation team have extensive experience in forfeiture proceedings, so can guide you every step of the way, making sure you follow the process correctly and can avoid any further problems.
We can assist with all matters related to property forfeiture, including:
- Advice on whether you have grounds for forfeiture
- Serving notice on the tenant (where required)
- Advice on your options if a tenant refuses to vacate the property
Our possession claims fees
When seeking possession of your property, keeping the cost to a minimum is obviously a priority. Our Property Litigation team works hard to keep our costs down while maintaining the very highest levels of expertise and client service. We do this by keeping our overheads low and maintaining a keen focus on efficiency, passing these savings on to our clients.
Where appropriate, we are able to handle some aspects of possession claims on a fixed fee or capped fee basis, making it easier for you to budget with confidence.
For more complex possession claims where ongoing support is required, we will work to an agreed hourly rate dependent on the level of expertise needed. We will provide a clear cost estimate at the outset and any additional expenditure will be agreed in advance, so you always stay in control.
To find out more about our possession claims fees and to request a cost estimate, please get in touch.
Speak to our possession claims solicitors
To discuss your requirements with our pragmatic, commercially focused and approachable possession claims experts, please get in touch.
