In the complex field of property disputes, possession claims arise when a landlord seeks to regain control of their property from a tenant or occupier. This process can be particularly challenging, requiring adherence to specific legal protocols to ensure that landlords recover possession fairly and lawfully. Our experienced team supports landlords and property owners through every stage of the possession claims process, from initial notices to successful eviction proceedings.
Possession claims often occur in cases of rent arrears, anti-social behaviour, or breaches of tenancy agreements. We provide clear, actionable guidance to landlords on their legal rights and responsibilities in these situations. By carefully preparing each case, we help minimize risks, streamline proceedings, and protect the interests of property owners.
There are several types of possession claims, including Section 21 and Section 8 notices, each with its distinct requirements. Our team is well-versed in these procedures and in handling complex or contested claims. Whether working with residential or commercial properties, we prioritize efficiency and legal compliance, ensuring that every possession claim is approached with thoroughness and expertise.
Understanding the complexities of possession claims and the broader regulatory landscape is essential to achieving a timely resolution. Our goal is to help property owners reclaim possession without unnecessary delays, disruptions, or legal missteps, so they can move forward with confidence and security in their investment. Whether dealing with straightforward or multifaceted possession claims, our team is here to support and guide landlords through this intricate process.
Specialising in Possession Claims law
Pre-claim advice and notices
Pre-claim advice is essential for landlords looking to ensure compliance with legal requirements before initiating possession proceedings. This includes preparing and serving the appropriate notices, such as Section 8 or Section 21 for residential tenancies, to address issues like rent arrears, anti-social behaviour, or other breaches of tenancy terms. Our team provides clear, practical guidance on selecting and issuing the correct notices, outlining timelines and procedures that must be followed to maintain the validity of the claim. This careful preparation helps to avoid delays and strengthens the case should it proceed to court.
Court proceedings need expert handling and our team provides full advice (including working out-of-hours) to prepare and run a cost-effective option for landowners in this area.
Court proceedings for possession
If a tenant fails to vacate after receiving notice, a formal possession claim may be necessary in court. Our team handles the entire court process, from filing the initial paperwork to representing clients at hearings. We work to build a strong case by gathering evidence and ensuring that all legal protocols are followed precisely. By managing the complexities of court proceedings for landlords, we aim to secure a possession order efficiently, minimizing both time and costs. Our knowledge of court procedures enables property owners to achieve a prompt and lawful resolution to possession claims.
Once a possession order is obtained, we liaise with the appropriate enforcement agent for your property and work with them on the eviction process.
Enforcement of possession orders
Even after obtaining a possession order, enforcement may be necessary if the tenant does not vacate voluntarily. We guide landlords through the enforcement process, including coordinating with bailiffs to ensure compliance with court orders. Our team handles the procedural details, from arranging court-approved bailiff appointments to overseeing the eviction, ensuring that the entire process is legally sound. This service offers peace of mind to landlords, helping them regain control of their property promptly and securely while avoiding potential legal issues that could arise from self-eviction attempts.
We act for clients in relation to their commercial premises, but can also refer clients to our Housing and Asset Management team in relation to residential properties.
Advice on rent arrears recovery
Rent arrears can quickly become a significant financial burden for landlords, and recovering lost rent is often a priority alongside possession. Our team offers strategic advice on recovering rent arrears, both as part of the possession claim and through separate legal actions if necessary. We assess the situation to determine the most effective approach, whether it involves negotiating a repayment plan, securing a county court judgment, or initiating enforcement actions against the tenant’s assets. By focusing on tailored strategies for rent recovery, we help landlords limit financial losses and protect their investment.
Defending contested claims
In some cases, tenants may contest possession claims or bring counterclaims, complicating the legal process. We provide robust defence support for landlords facing contested claims, preparing evidence and arguments to counter tenant defences effectively. Our team assesses the validity of the tenant’s counterclaims and develops strategies to resolve disputes in favor of the landlord. We aim to prevent drawn-out legal battles by proactively addressing challenges that may arise, ensuring that landlords’ rights are protected and that possession claims are resolved as efficiently as possible.
Alternative dispute resolution
Court proceedings can be time-consuming and costly, making alternative dispute resolution (ADR) a valuable option for some landlords. Through mediation and negotiation, we help parties reach mutually agreeable outcomes without going to court. ADR can expedite resolution and reduce expenses while still securing a favourable result. Our team is skilled in facilitating discussions, addressing tenant concerns, and finding practical solutions that meet the landlord’s needs. By offering ADR as an alternative to litigation, we provide a flexible, client-centred approach to resolving possession issues.
Why choose Shakespeare Martineau?
- Our team offer prompt and professional service, whether through in-person meetings or virtual consultations, you can trust that our advice will be timely and professional, helping you feel confident in your legal matters, every step of the way
- We provide advice that is not only pragmatic and quick but also easy to understand. Every lawyer in our firm is approachable, helpful, and committed to offering reliable legal solutions, making the process straightforward for clients
- Our clear and easily understandable approach has kept clients coming back for years, knowing they can depend on us for comprehensive legal support time and time again
- Our clients regularly highlight the exceptional expertise and professionalism of our lawyers. Our team cares deeply about every aspect of your case, ensuring you receive a thorough and attentive service
Mastering property disputes and possession
With extensive experience in both County Court and High Court proceedings, our team has a proven track record of success in securing possession orders. Whether cases involve straightforward or complex property disputes, we skillfully guide clients through each step of the legal process, preparing strong cases and ensuring procedural compliance. Our in-depth knowledge of County and High Court protocols allows us to anticipate potential challenges and achieve timely, favourable outcomes for property owners, providing them with confidence and peace of mind.
Strategic solutions for property disputes
Our team has experience handling a broad spectrum of cases, from minor encroachments on open land and vacant buildings to major, coordinated occupations of commercial properties. We’re well-versed in the distinct challenges these cases present and provide tailored legal strategies for each, ensuring efficient resolutions and helping property owners protect and regain control of their assets.
Swift legal solutions for complex cases
Our team is highly experienced in managing cases with urgent timelines, providing the swift legal intervention needed to protect clients’ interests. We handle cases involving vulnerable individuals, requiring additional sensitivity and strict compliance, as well as those complicated by factors like insolvency. Our thorough approach ensures all complexities are carefully addressed to achieve an effective and responsible resolution.
Shaping possession Law with expertise
Our team has been at the forefront of landmark cases that have shaped new law in the field of possession claims. With significant reported cases such as SOAS in 2010, Birmingham in 2015, and Birmingham in 2024, we bring unparalleled expertise and a deep understanding of the evolving legal landscape to our clients.
Meet our Possession Claims team
Gary Ekpenyoung
Partner
Justine Ball
Partner
Martin Edwards
Partner
James Fownes
Partner
Vanessa Joll
Partner
Bukola Obadun-Craigs
Partner
Pia Eames
Legal Director
Habib Khan
Associate
Danielle Sodhi
Team Manager
Building a responsible business
Our commitment to sustainability and social impact
We are an accredited B Corporation that is committed to driving positive change in our communities, minimising our impact on the environment, and ensuring an all inclusive diverse and supportive culture for our people.
Wherever you are on your journey, our Possession Claims specialists are here to answer any questions you might have
If you’d like to speak to a member of our team, please fill out the enquiry form. We will aim to reply to your query within 2 hours
Need to talk to someone sooner? You can call use at the number below
Call Us: 0330 024 0333
Possession Claims FAQs
We can initiate proceedings in the High Court to secure faster relief when there is evidence of significant financial risk, potential public disturbance, or serious threat to individuals or property. In certain situations, we can act pre -emptively, issuing proceedings even before an occupation has begun, to mitigate these risks effectively.
Our team is very experienced in handling these types of issue, which typically requires an application for an injunction. These applications involve evidence gathering and the expertise of specialised counsel. We strongly recommend seeking legal advice before proceeding, as this ensures the best course of action is taken to protect your interests.
