Understanding finer aspects of Possession Actions for residential property

Posted under Advice by Michael

Most landlords, who choose to let their residential properties, need to be aware of the fact that tenants have certain key rights. These rights prevent them (the tenants) from being unlawfully harassed or evicted by a landlord.

With the exception of a few specific categories of lettings, it is a legal requirement on part of a landlord that he or she obtains a court order before enforcing any ‘right to re-entry to or possession’ of the property.

The two common exceptions to the above situation are properties that are let as a holiday letting as well as properties where the landlord happens to be resident in the same property as his or her tenant.

Except in these instances, a landlord who plans or intends to evict a tenant – without first obtaining a court order – is inadvertently committing a major criminal offence. The landlord may face heavy penalties, if found guilty.

If the tenancy happens to be an assured shorthold tenancy, the landlord enjoys a right to possession under section 21 of the Housing Act (the section 21 route) at the end of the tenancy.