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5. Possession

When an end to the tenancy cannot be brought about amicably, the only option available to a landlord is possession proceedings.

There are two options available to obtain possession of a residential property, each beginning with the service of a “possession notice”:

  • “Accelerated Procedure”
  • The accelerated procedure (aka. Section 21 route or no-fault eviction) is often the best choice to obtain possession of a property. It tends to be fast, cheaper and more reliable than the alternative.
  • “Standard Possession”
  • The standard possession procedure (aka. Section 8 route or a fault based eviction) is only available where a tenant has breached the tenancy agreement in such a way as to give rise to specific “grounds” for eviction – most commonly by falling into significant rental arrears.

In either case, there are strict rules in relation to format, procedure and contents that landlords must follow to legally obtain possession of a property. If you are in any doubt as to the correct procedure or the validity of a notice you should contact us as soon as possible to discuss your options.

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