Archives: Landlord Bible

The grounds for possession by a landlord There are 17 grounds for possession as laid out the Housing Act 1988 & 1996.  (see below for simplified & comprehensive list) They set out what circumstances should exist to allow a landlord to legally start possession proceedings of their rental property let under an assured tenancy or […]

Absolute order for possession An absolute order will be made where the landlord proves grounds for possession or in the case of an Section 21(accelerated possession) order, the judge is satisfied that the Section 21 Notice is correct and the serving of the notice was done properly. A free Section 21 Notice is availiable for […]

A new N5B form was issued by the courts for claims under the Section 21 accelerated possession procedure in August 2011.  The new N5B form most legal experts agree is more streamlined and more precise in the type of information asked for.  Accelerated possession  does not necessary mean the process if fast, read our Timetable […]

This gives an outline of the actions and durations of the process of gaining possession of a rental property using a Section 21 Notice. All actions assume tenant has not vacated the property in the mean time. This table is based on Central London County Court procedures. Other courts may vary a little. We provide copies of our […]

Non fault based possession Accelerated possession is not fault based.  It therefore does not require the tenant to be in breach of any of the terms of a tenancy for a landlord to issue a Section 21 Notice.  It is known as accelerated possession because the procedure is designed not to require a court hearing […]

Fault based possession In order for a landlord to start possession proceedings against an Assured or Assured Shorthold tenant before the fixed term has come to an end, the landlord will need to serve notice of his intention to seek possession. This is known as a Section 8 Notice and it must be in a […]

Possession proceedings under assured shorthold tenancies This information relates to assured shorthold tenancies created under the Housing Acts 1988 & 1996.  For any other tenancies landlords are advised to seek specialist legal advice. A landlord must obtain a court order for possession if the tenant will not leave the landlord’s residential investment property voluntarily. When […]

Right of appeal and need for permission to appeal A party to proceedings before an Leasehold Valuation Tribunal may appeal to the Lands Tribunal under section 175 of the Commonhold and Leasehold Reform Act 2002 from a decision of the Leasehold Valuation Tribunal. Permission to appeal is required in all cases – Where the Leasehold […]

When would an application of right of light arise The owner of a building may acquire a prescriptive right to light across adjacent land if light is enjoyed for 20 years without interruption of a year or more. Under the Rights of Light Act 1959, to prevent the acquisition of such rights, the owner of […]

The upper tribunal (Lands Chamber) The Upper Tribunal (Lands Chamber) is the successor to the Lands Tribunal and is an independent and specialist judicial body. The Transfer Order transferred the Lands Tribunal into the Lands Chamber of the Upper Tribunal. The Tribunal consists of a President, who is the judicial head, and legal and surveyor […]