Possessions Claims

Possession claims usually occur due to the non-payment of rent or mortgage arrears; or because the property is being damaged by the tenants in occupation. Possession claims may also arise in cases where tenants can be shown to be engaging in anti-social or illegal behaviour.

Importance of Legal Advice

Ackroyd Legal is a leading law firm based in central London. We have a dedicated, in-house team of property specialists with an exemplary track record in successfully bringing and defending possession claims and we will act for landlords, tenants and home owners.

Whatever your position, it is essential to seek legal advice as soon as possible, in order to fully understand your rights as well as your obligations towards the other parties, the possible courses of action and the likely outcome.

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With unrivalled expertise in all aspects of property dispute resolution, we have the skills and experience to reach the best possible outcome within the shortest possible timeframe, always keeping the costs to a minimum.

Landlord’s Perspective on Possession Claims

If you are a landlord, you may have to bring a possession claim if your tenants have not paid their rent and remain in debt, or if aspects of their behaviour mean that you can no longer allow them to remain in your property. The lawful eviction of others is always a complex process and can usually only be carried out following an order of the Court.

Legal Process for Landlords

There is a highly technical process that must be followed with no room for error, and it is also important to understand your legal obligations towards your tenants during these proceedings. It is essential that each step is followed correctly in order to maximise the chances of achieving the desired outcome as swiftly as possible without incurring unnecessary costs.

Our property litigation solicitors represent your interests and take all necessary action, including ensuring the issuance of a valid notice, to protect your property and its investment potential. Our property specialists have many years’ of practical experience in handling possession claims and will look at all the facts and advise upon the best course of action to maximise the chances of reaching the right outcome.

Tenant or Homeowner Facing Possession Claims

If you are a tenant or homeowner, you may find yourself in the position of having to defend a possession claim brought by your landlord, mortgage provider, or the bank. This is an extremely serious predicament and it is therefore crucial to seek the right level of legal support from outset.

Defending Possession Claims

The possession claims specialists at Ackroyd Legal will fully explain your legal rights and provide sound advice and firm representation in defending the possession claim, with the aim of minimising the impact on you or your business.

We will look at the facts and advise you on whether the other party is acting lawfully in attempting to gain possession of your property. You may be able to challenge the claim if the behaviour could have been unlawful or unreasonable. We will fully explain the legal process that a possession claim involves, as well as all of the possible outcomes of the proceedings.

Based upon the facts, we will then advise upon the best course of action that is most likely to achieve the most favourable outcome. We will present your case and robustly defend your position to ensure that your voice is heard and your rights are fully exercised, placing you in the most optimum position to keep your home.

Causes of Arrears and Recommended Action

If you have missed mortgage payments on your mortgage, bridging loan or secured loan, your lender may initiate court proceedings to repossess your property.

Usually, accruing arrears is caused by changes in financial circumstances, illness, divorce etc. We always recommend that borrowers in arrears, to start the process early as it will give you the best opportunity to resolve the matter with your lender.

Support in Dealing with Aggressive Lenders

Regulated lenders will have to follow rules set out by the FCA before they can start possession proceedings. However, bridging lenders or alike (that are not regulated) have the opportunity to by pass any rules as unregulated lenders.

We understand that liaising with an aggressive lender may be stressful and can act for you to resolve matters between the parties. Our specialist mortgage possessions team have represented borrowers with proceedings in many courts in the UK.

Contacts us at enquiries.sa@ackroydlegal.com.