How to gain possession of a privately let property

Senior Associate Solicitor Daniela Catuara

We’ve updated our Residential Possession Proceedings Briefing Note, a guide for landlords throughout England and Wales.

As outlined in our guidance, there are many reasons for wanting to regain possession of a let residential property. These include where a tenant falls in arrears of rent, causes the property to fall into disrepair or unlawfully sublets it. Alternatively, the landlord may simply want to sell the property.

However, a landlord cannot simply regain possession by re-entering the property and changing the locks. Doing so could lead to a damages claim or possibly a criminal conviction. It is therefore vital for the landlord to follow the correct procedure to ensure they do not breach the terms of the tenancy or inadvertently commit a criminal offence.

Read our Residential Possession Proceedings Briefing Note for an up-to-date guide to recovering possession of a property let on an assured shorthold tenancy by serving a no-fault section 21 notice or a fault-based section 8 notice. Please bear in mind, however, that our Briefing Notes are for general guidance only and do not constitute legal advice.

Expert legal advice on landlord and tenant matters

For expert legal advice on landlord and tenant matters, please contact Associate Solicitor Daniela Catuara by email or call her on 01323 435900. To learn about Daniela’s skills and experience please view her website profile.

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