Property dispute solicitors

Residential Eviction and Possession Proceedings

Landlords will occasionally find themselves in a difficult situation where they need to commence eviction and possession proceedings against a tenant currently residing in their property. This process is particularly complex and residential eviction and possession proceedings are notorious for being difficult to navigate.

Background to the eviction and possession legislation

For over a century, the relationship between residential landlord and their tenants has been the subject of legislative regulation and government policy. This started in 1915 with the “Rent Acts” and the introduction of measures relating to rent control and security of tenure for tenants of residential dwellings.

Since then, the law in this area has been the subject of “nip and tuck” as successive governments have sought to adjust the dynamics the landlord and tenant relationship, depending on the political and social landscape at the relevant time. What has remained constant however is the unique status afforded to residential tenants and the protection against an arbitrary eviction process.

The Housing Deregulation Act 2015

In the last few years, there has been a major change in this area. The Deregulation Act 2015 for example has brought in a number of new procedures that landlords must comply with before even starting the process of eviction. Processes that were once considered to be straight forward have become far more complicated and it is easy to get things wrong.

Impact of coronavirus on property possession proceedings

More recently, there has been a series of emergency measures introduced in response to the coronavirus pandemic, which are designed to protect residential tenants against eviction. These measures are under constant review and subject to further change as time goes by.

Getting advice on tenant evictions and possession proceedings

All of this has combined to create an exceptionally technical area of law and an eviction process that is fraught with pitfalls and hidden obstacles. At Morrisons, we have the expertise and experience to deal with this. Our team, led by partner Graham Halsall, can guide you through eviction and possession proceedings, from start to finish.

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