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Please could you outline the County Court possession procedure to obtain possession in rent default?
Please could you outline the County Court possession procedure to obtain possession in rent default? The tenancy is a twelve month assured shorthold. Landlord and two joint tenants in two bedroom dwellinghouse. No pre-existing disputes or problems with the property. Second month of lease. This is the first month in default. I need the tools to act quickly.
Firstly if you are a resident landlord it is not an assured tenancy and the tenants' security of tenure is consequently reduced. Your e-mail suggests that this may be the case.
If you are not a resident landlord you must serve a S.8 Notice. If there are at least two months or eight weeks arrears of rent (depending if it is a monthly or weekly rent paying tenancy) you have proved Ground 8, which is a mandatory ground. If the arrears are more than two months/eight weeks when the Notice is served, proceedings are issued and the matter comes before the Court, the District Judge has no discretion other than to award a possession Order.
The Notice should give at least two weeks warning. Once proceedings are issued the Court will list the matter for a five minute hearing which, depending on the length of the Court's list, will be six weeks or so away. If Ground 8 is proved at that hearing a possession Order will be made. If the tenant raises a defence however (for example by alleging housing disrepair) directions for a full trial will be set which is likely to take six months or so to be heard.
If the rent arrears are less than two months/eight weeks you can still seek possession on Grounds 10 and 11. These are discretionary grounds, which means that the ground must be proved and the District Judge satisfied that it is reasonable to make a possession Order.
We can act for you in drafting the Notice, drafting and issuing proceedings and attending the first hearing for a fixed fee of £950 inclusive of VAT and disbursements.
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