Standard possession is a court-ordered arrangement in which one parent has physical custody of the child for certain periods of time, typically alternating weekends, one weeknight each week, and alternating holidays. This arrangement is typically used when parents do not agree on a custody arrangement and the court has to make a decision.

We help you recover possession of your property legally and in a sensitive and speedy manner. There are four main stages involved in this:

This is a critical step. Before embarking on a possession claim, it is very important that a landlord has all the correct documentation in place and has complied with strict, mandatory legal requirements relating to deposits (if taken), prescribed information, how to rent guides, Energy Performance Certificates, gas safety requirements, amongst others.

Once we have carefully looked at your documentation and assessed the situation you are in, we will clearly advise you of exactly what options are open to you and recommend a course of action. We will also highlight any potential defences, issues or counterclaims, which the tenant may raise and what that will mean for you.

After identifying the appropriate course of action to take, we will draft and serve the correct form of notice required by law to start the possession process.

If, after the expiry of the Notice the tenant remains in occupation, it will be necessary to commence Court Proceedings to seek an eviction Order. The eviction Order is required by law to enforce the eviction of the tenant if that becomes necessary.

Should a landlord embark on a course of action to evict a tenant which is not lawful, they will be at risk of committing a criminal offence under the Prevention from Eviction Act 1977 leading to compensation payable to the tenant, risk of imprisonment and/or a fine and the tenant being reinstated at the property. This highlights how critical it is to follow the correct procedure.

There are two main types of Court proceedings:

• Accelerated Procedure (s.21)

• Standard Possession (s.8)

After the court process has been concluded successfully, the Judge will make a Possession Order requiring the tenant to vacate the property within a fixed period of time. In s.8 claims based on rent arrears, the Possession Order will also require the tenant to pay rent arrears.

Once the deadline in the Possession Order has passed, the tenant should have vacated the property and handed back the keys. Unfortunately, in some instances, the tenant will remain in occupation of the property after the date in the Possession Order. This will make the tenant a trespasser and it will be necessary to instruct a bailiff and high court enforcement officer to have conduct of the eviction itself.

We will take care of instructing the Bailiff and guiding you through this last stage.

If you find yourself in the position were you have no choice but to evict a tenant, then our solicitors have extensive experience in evicting tenants and are well-versed in the legal procedures involved. We provide a personalised service tailored to your specific needs, ensuring a smooth and efficient eviction process. Our team is dedicated to achieving the best possible outcome for our clients, and we pride ourselves on our professionalism and attention to detail. With our expertise and commitment, you can trust us to handle your eviction case with the utmost care and diligence.

Our solicitors help landlords with evicting tenants who have breached their tenancy agreement or failed to pay rent, ensuring the process is carried out legally and efficiently.How can our lawyers help with evicting tenants?At Forbes Solicitors our lawyers can assist with evicting tenants by providing legal advice on the eviction process, drafting and serving eviction notices, representing landlords in court proceedings, and enforcing eviction orders. We can also help landlords navigate any legal challenges or disputes that may arise during the eviction process. Our goal is to ensure a smooth and efficient eviction process while protecting our clients' rights and interests.

Forbes Solicitors can provide expert legal services and support Tenant Eviction cases, with offices located in Blackburn, Accrington, Salford, Preston, Manchester, Leeds, and London. Contact us today to speak with our specialists, available to assist clients nationwide.