Possession Claims
Possession Claims
For a landlord to terminate a tenancy and take back possession, a court order is usually required.
A landlord, having served the relevant notice (section 21 or section 8), will need to issue court proceedings to obtain an order for possession. An order will not be sufficient, however, as removal by a court bailiff or a High Court sheriff will be required if the tenant still refuses to vacate the property. Subject to an assessment of the merits of the claim, we may be able to offer our landlord clients a fixed fee scheme where the claim is undefended.
For tenants, unlawful eviction can give rise to a substantial compensation claim. Where a tenant intends to pursue a claim for compensation for inconvenience because of disrepair or damp, there will be a need to consider whether survey evidence should be obtained.
Appropriate legal advice, careful drafting of notices, skilled negotiation, and compliance with the relevant pre-action protocol are required.
A specialist property litigation solicitor should be instructed. Prosperity Law’s property litigation team is headed by Paul Magee, a solicitor with 30 years’ of experience. He has acted in several important Court of Appeal cases and has dealt with complex and multi-million-pound claims.
An experienced property litigator can provide the benefits of sound advice and representation. The ability to provide practical, legal, and strategic advice, good management of the case, and skilful negotiation is vital. At Prosperity Law, our property litigation team provides a service that is second to none.
We know the importance of providing value and support, technical and practical, to our clients who are confronted with difficult property issues. The nature of these disputes varies greatly as does the type of client.
We have acted for both claimant and defendant in a range of complex and challenging cases including Court of Appeal decisions. We also work closely with specialist barristers and expert surveyors.
Generally, our property clients include commercial or residential landlords and tenants; developers; property management companies; institutional and private lenders; private homeowners; estate and letting agents; professional building and land surveyors, architects, engineers, and conveyancers; local authorities; housing associations; church authorities; charities; and care homes.
How we help
We will discuss all aspects of your case with you and advise you on the best steps to take to manage your property dispute. We can guide you through each stage of the process to resolve the dispute so that your rights and interests are protected as much as feasibly possible.
We work proactively with our clients, offering comprehensive advice at each stage. We are also commercially-focused and produce solutions to resolve your property dispute.
In addition to dealing with disputes about possession and eviction, our specialist team can advise across a range of property matters including:
- Property purchase disputes including professional negligence such as flawed home buyers and other expert reports as well as conveyancing issues; Land Registry – rectification of title and adverse possession; co-owners; Trust of Land and Appointment of Trustees Act 1996 (TOLATA); constructive trust; and proprietary estoppel claims.
- Commercial lease renewal disputes such as dilapidation claims, forfeiture for breaches of covenant and statutory compensation.
- Construction and repair issues including disrepair and defects in a building arising from construction or lack of repair and maintenance including the Building Safety Act 2022; and enforcing a covenant in a lease relating to rent, disrepair, or some other obligation.
- Purchase and sales-related issues such as specific performance of contracts to purchase and sale; auction sales; misrepresentations made on sale; property fraud; options to purchase; and overage.
- Private land rights and neighbour disputes including establishing right to private parking and turning area by deed or prescription; easements including rights of way, drainage and light; boundary, trespass, and encroachment; party walls and fences; planning disputes; and problems with difficult neighbours (interference with boundary structures).
Paul Magee, Partner and Head of Real Estate Dispute Resolution at Prosperity Law, specialises in property litigation. If you would like any further information or need advice about any property dispute, Paul is always happy to have an initial, no-fee obligation conversation.
Download your free guide to Land, Building and Agricultural Disputes here
