Possession and repossession proceedings
If you're a homeowner or tenant facing problems keeping up the repayments on your property, you may be concerned about the threat of eviction or having your home repossessed. In these circumstances, it's natural to feel worried, but at QualitySolicitors, we have expert Property Solicitor on hand to help. We can answer all the questions you may have and will help you do everything possible to remain in your home. Possession and repossession proceedings involve legal mechanisms that address issues related to ownership, debt, and property agreements. It is important to establish a legal framework including terms and conditions for all parties involved for a smooth process.
Early Legal Intervention to Prevent Possession or Repossession
Possession and repossession proceedings do take time, but the earlier you seek legal advice, the more we can do to help. If you contact us as soon as you start experiencing financial problems, we may be able to reach an agreement with your landlord or mortgage lender to prevent possession or repossession proceedings. Our expert solicitors can negotiate payment arrangements, altered rental agreements, mortgage modifications or other solutions to enable you to remain in your home if you reach out for help promptly. We have experience finding alternatives to eviction or repossession.
Legal Steps for Landlord to Evict a Tenant
For landlords looking to evict a tenant, we can provide advice about your rights and responsibilities. Most importantly, we'll ensure that you follow the correct legal processes, which could save considerable time and money in the long term. According to the possession guide for landlords in England, these are recommended steps:
Serve a notice seeking or requiring possession
The first step towards the eviction process is to serve a notice; there are two types of notice: Section 21 and Section 8 notice, depending on the circumstances and the terms of the tenancy agreement.
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Make a possession claim
If, after serving the notice period, the tenant is still unwilling to leave the property, the landlord has the right to file a possession claim with the appropriate court, outlining the reasons for seeking possession as well as the details of the rental contract.
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Before the hearing - Send all the relevant documents to the court
The landlord must compile and submit all the necessary and relevant documents. These documents may include tenancy agreement, proof of serving notice and any other relevant documents supporting the claim.
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Attend the possession hearing
Attend the hearing in the court and present your case before the judge. Tenant also have rights to and opportunity to defend their case. After the evaluation and consideration, the judge will make the decision.
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Apply for a Warrant or writ of possession
the court grants the possession to the landlord, they can then apply for a warrant or writ of possession. The court orders authorise the court bailiffs to physically evict the property if tenants refuse to leave voluntarily.
Mortgage Possession
Mortgage possession, also known as repossession, is the situation in which lenders take charge of the possession of the property because borrowers fail to meet the requirements and conditions of the mortgage agreement. When this happens, the lender has the right to claim the property to recover the outstanding debts.
Mortgage Agreement
In the mortgage agreement to buy the home, it is a legal requirement that the owner pays the amount regularly over a specified period. This agreement is a legally binding agreement between all the parties involved in the mortgage process and generally outlines the loan amount, interest rate conditions and payment plan.
Lender's Rights to Repossession
If, due to any circumstances, the borrower cannot pay the mortgage amount and defaults, then it gives the right to the lender to take the matter to court for repossession orders, but the Lender can only take control of the property if the court grants permission. Once the court grants permission for repossession, the lender becomes the legal owner of the property, and the buyer must vacate the property.
It is important to understand that before mortgage possession, lenders typically prefer to work with borrowers to find alternative ways, such as modification in loan amount or payment plans.
Call Us Today for Expert Legal Guidance:
If you’d like to have a chat about possession or repossession proceedings, give us a call today on 08082747557. Our friendly housing solicitors understand the pressures you may be facing and will do all they can to put you at ease and help you regain control of your particular situation. We make property law easy to understand by speaking your language and offer a free initial over the phone conversation so you can quickly get answers to your immediate questions.
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Your home is a sanctuary where you should feel safe and secure. However, housing disputes can turn your home into a source of anxiety. It's essential to resolve these disputes promptly, and often, legal assistance is necessary to navigate the complexities of housing law. Our Housing Solicitors are experts in this field, advocating for clients on issues involving housing associations and residents’ rights.
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Leasehold Enfranchisements
Leasehold properties are a diminishing asset, which is why purchasing the freehold title of your house, terrace, maisonette or flat may be financially beneficial to you. It is more common for flats to be sold as leaseholds, but some new build houses can be sold as leaseholds too. Without owning the freehold title, it will cost each time you wish to extend the lease and you will have ongoing expenses to your freeholder for insurance, service charges and ground rent. In addition, some contract clauses may be unappealing to buyers, which could make your property unsellable.
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All leasehold properties have an expiry date, meaning the ownership of the property will revert back to the freehold owner once the lease term comes to an end. To prevent that from happening and losing your asset, keep track of your lease length and don’t let it get too low. The shorter the period left on the lease, the quicker the leasehold will diminish in value.
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If you’re looking for advice about leaseholds, our property solicitors are here to help. Leasehold is a particular type of property ownership that comes with its own unique legal rights and responsibilities. Many flats in the UK are sold on a leasehold basis but leasehold can apply to other properties too.
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Party walls
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Possession and repossession proceedings
If you're a homeowner or tenant facing problems keeping up the repayments on your property, you may be concerned about the threat of eviction or having your home repossessed. In these circumstances, it's natural to feel worried, but at QualitySolicitors, we have expert Property Solicitor on hand to help. We can answer all the questions you may have and will help you do everything possible to remain in your home. Possession and repossession proceedings involve legal mechanisms that address issues related to ownership, debt, and property agreements. It is important to establish a legal framework including terms and conditions for all parties involved for a smooth process.
Rehousing and transfers
It’s important for people to live in a home that meets the requirements of their family. Rehousing is the process of relocating families or individuals from one place to another. Sometimes, for various reasons, your current home may not be suitable for the needs of you and your family. In these circumstances, you may wish to be rehoused or transferred to another property.
Remortgaging
As a homeowner, at some point you may wish to consider remortgaging – either to take advantage of a better mortgage deal or to release money from your property. And with different mortgage providers offering different deals, you may wish to consider changing to a new lender.
Quality solicitors property solicitors have extensive experience in new mortgages, mortgage debt, current mortgage deal and mortgage repayments.
Right to Manage
Choosing to buy the freehold title of your property may prove too costly or lengthy, which is why you may consider taking over the management responsibilities of the property from the freeholder instead. While this won’t grant you all of the benefits of owning the freehold, it will give you and your fellow leaseholders more control over the common areas of your property through a process known as Right to Manage.
Tenancy agreements and deposits
Whether you’re a landlord or a tenant, it makes good sense to have a solid tenancy agreement in place. Not only will this highlight your rights and responsibilities but it will also help maintain a positive relationship between you and your landlord or tenant.
Transfer of title
Are you looking to transfer the ownership of a property from one person to another? Although this is a fairly straightforward process, it’s important that it is completed correctly to ensure everything progresses smoothly and to avoid unexpected problems in the future. Call us today on 08082747557.
Unlawful eviction
Being forced to leave your home is upsetting and stressful whatever the circumstances. But if your landlord has evicted you without following the correct procedures, they may have broken the law and you may be able to take action against them.
