Case study: when a tenant delays or challenges a possession order

As a landlord, you may want to repossess your property for several reasons. It may be that you have a problem tenant who is refusing to pay rent or damaging the property, or it may simply be that the tenancy agreement is coming to an end, and you need to reclaim or sell your property.

However, many landlords find that the process can be fraught with legal pitfalls, further complicated during the Covid-19 pandemic, where the government provided additional protection to rental tenants.

One of our recent cases highlights the hurdles landlords can face - even when they have obtained a possession order from the court. 

The matter, handled by Michael Mulcare, a consultant with SO Legal, was a possession claim relating to the client's London flat. 

The ideal way to recover possession of a property is always by agreement with the tenant and the tenant vacating voluntarily. 

However, as in this case, when a problem tenant does not leave by consent, landlords require a court order and potentially a warrant of possession to force the tenant to leave their property.

Even when landlords have obtained a possession order from the court, tenants have a chance to fight it.

In this case, the day before eviction, the tenant applied unsuccessfully to set aside the possession order and was evicted.

Following the eviction, the tenant then made a further application to the County Court after being evicted at short notice, requiring Michael to brief Counsel with hours' notice. Again the court dismissed this. 

The tenant then made an emergency injunction application to the High Court, which required Michael to appear remotely with two hours' notice in front of a High Court Judge, who granted him rights of audience for the hearing. Again the application was dismissed.

Simon Chester MRICS said: 

"I have worked in the property industry as a chartered surveyor for over thirty years. During my career, I have had many experiences of property litigation at varying levels dealing with many solicitors and barristers, and without doubt, the most professional, diligent and knowledgeable is Michael Mulcare."

"You are in a safe pair of hands with Michael. His conscientiousness and professionalism during all stages of the legal process and his continuous updates mean he does all the worrying for you. I wish I had met him earlier in my career."

Further reading: Understanding the possession action process

The government provides a guide to help you understand the rights and responsibilities of a landlord when you need to use the courts to take possession of your property.

This guide is focused on landlords letting to tenants on an Assured Shorthold Tenancy or an Assured Tenancy.

Understanding the possession action process: A guide for private landlords in England and Wales (updated March 2022).

Contact our property litigation solicitors for expert advice

Evicting a tenant is typically the last resort for any landlord, but sometimes you have no choice if a problem tenant refuses to leave. 

If you're looking for landlord legal advice, our friendly team has a wealth of experience and can advise you on the correct procedures to follow, with an approach tailored to your specific circumstances.

• Section 21 and Section 8 notices
• Possession proceedings
• Standard possession orders
• Accelerated possession orders
• Enforcement of possession order by eviction
• Recovery of costs and rent arrears

We have solicitors in London, Brighton, Eastbourne, Hastings, and Uckfield, and we work with landlords across the UK.