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If you are a landlord and require possession of a property you are renting out, you should begin possession proceedings. The procedure can be used to obtain possession of the property together with rent arrears or simply to obtain recovery of the property using the accelerated possession procedure. The accelerated procedure however, can only be used when you have previously served a valid Section 21 Notice and this has expired and when you do not wish to claim rent or damages as part of the possession procedure.

If you want to take possession under the accelerated procedure to obtain recovery of your property but still wish to sue separately for the arrears you may then use the small claims procedure.

Small Claims Procedure

This procedure can be taken at any time during the tenancy (having not obtained a Judgment for arrears of rent) or if the tenant has vacated the property leaving arrears of rent which you intend to pursue by way of a County Court Judgment. This procedure should NOT be followed if you have already obtained a Judgment for the arrears of rent under the possession procedure.

If you’d like to begin proceedings or need to talk to a legal specialist please contact Richard Tomlinson, Jasdeep Rai or Sarah Hickey at Lawson-West on 0116 212 1000.