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.
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.
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.
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.
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.
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.
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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