Possession Claims

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What else you might like to know about Possession Claims

If your business is in dispute with a commercial tenant over the possession of a property you own, seeking the help of a legal service provider should be your next step. Here is some basic advice and guidance to inform your choice of legal expert. 

What is a possession claim?

Possession claims may be made by a landlord if they wish to retake possession of a property. This may happen in a case where a landlord simply wishes to occupy their property, or in order to evict a problematic tenant. If you are owed money for a mortgage or a rent that has fallen into arrears then you may also wish to make a claim to repossess the property. 

When can a possession claim be utilised?

A possession claim is most often used by landlords with problematic tenants who are proving incapable of making the necessary payments. Repossessing a property require reneging on an existing tenancy or leaseholder agreement and so it is important that a landlord has sufficient grounds to make a claim before pursuing legal action. 

How can a legal expert help?

A legal service provider will be able to take you through the time scales, actions and implications of a possession claim in detail. They will draft and issue any documentation that is required and, should it be required, represent you in court. 

What are the potential outcomes of a possession claim?

The majority of possession claims are made as a formality to finalise the process of evicting a tenant who cannot or will not pay their rent or mortgage. If the court finds against the defendant then they will be given a suitable notice period to move out in. Should the court not find suitable grounds to evict a tenant, however, they will retain the right to remain in their property in line with the existing agreement. 

What price structures can I expect?

As it is difficult to gauge how long a possession claim will take, legal service providers typically offer such a service on a fixed fee with capped hours or hourly rate basis. 

How can I choose the best legal service provider?

You should look to appoint a legal expert with experience in handling property disputes. It is also worth considering factors such as location, cost and size of a firm, as well as reviews and ratings left by existing clients before making your decision.


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