Possession and repossession proceedings

If you're a homeowner or tenant facing problems keeping up the repayments on your property, you may be concerned about the threat of eviction or having your home repossessed. In these circumstances, it's natural to feel worried, but at QualitySolicitors, we have expert Property Solicitor on hand to help. We can answer all the questions you may have and will help you do everything possible to remain in your home. Possession and repossession proceedings involve legal mechanisms that address issues related to ownership, debt, and property agreements. It is important to establish a legal framework including terms and conditions for all parties involved for a smooth process.

Early Legal Intervention to Prevent Possession or Repossession

Possession and repossession proceedings do take time, but the earlier you seek legal advice, the more we can do to help. If you contact us as soon as you start experiencing financial problems, we may be able to reach an agreement with your landlord or mortgage lender to prevent possession or repossession proceedings. Our expert solicitors can negotiate payment arrangements, altered rental agreements, mortgage modifications or other solutions to enable you to remain in your home if you reach out for help promptly. We have experience finding alternatives to eviction or repossession. 

Legal Steps for Landlord to Evict a Tenant

For landlords looking to evict a tenant, we can provide advice about your rights and responsibilities. Most importantly, we'll ensure that you follow the correct legal processes, which could save considerable time and money in the long term. According to the possession guide for landlords in England, these are recommended steps:  

Serve a notice seeking or requiring possession

The first step towards the eviction process is to serve a notice; there are two types of notice: Section 21 and Section 8 notice, depending on the circumstances and the terms of the tenancy agreement.

  1. Make a possession claim

    If, after serving the notice period, the tenant is still unwilling to leave the property, the landlord has the right to file a possession claim with the appropriate court, outlining the reasons for seeking possession as well as the details of the rental contract.

  2. Before the hearing - Send all the relevant documents to the court

    The landlord must compile and submit all the necessary and relevant documents. These documents may include tenancy agreement, proof of serving notice and any other relevant documents supporting the claim.

  3. Attend the possession hearing

    Attend the hearing in the court and present your case before the judge. Tenant also have rights to and opportunity to defend their case. After the evaluation and consideration, the judge will make the decision.

  4. Apply for a Warrant or writ of possession

    the court grants the possession to the landlord, they can then apply for a warrant or writ of possession. The court orders authorise the court bailiffs to physically evict the property if tenants refuse to leave voluntarily.

Mortgage Possession

Mortgage possession, also known as repossession, is the situation in which lenders take charge of the possession of the property because borrowers fail to meet the requirements and conditions of the mortgage agreement. When this happens, the lender has the right to claim the property to recover the outstanding debts.

Mortgage Agreement

In the mortgage agreement to buy the home, it is a legal requirement that the owner pays the amount regularly over a specified period. This agreement is a legally binding agreement between all the parties involved in the mortgage process and generally outlines the loan amount, interest rate conditions and payment plan.

Lender's Rights to Repossession

If, due to any circumstances, the borrower cannot pay the mortgage amount and defaults, then it gives the right to the lender to take the matter to court for repossession orders, but the Lender can only take control of the property if the court grants permission. Once the court grants permission for repossession, the lender becomes the legal owner of the property, and the buyer must vacate the property.

It is important to understand that before mortgage possession, lenders typically prefer to work with borrowers to find alternative ways, such as modification in loan amount or payment plans.

Call Us Today for Expert Legal Guidance:

If you’d like to have a chat about possession or repossession proceedings, give us a call today on 08082747557. Our friendly housing solicitors understand the pressures you may be facing and will do all they can to put you at ease and help you regain control of your particular situation. We make property law easy to understand by speaking your language and offer a free initial over the phone conversation so you can quickly get answers to your immediate questions.

Explore our FAQs page to find answers to common questions and learn more about our services.

Expert legal advice you can rely on:

Expert legal advice you can rely on,
get in touch today

Please let us know you are not a robot