Guide to Possession and Small Claims Procedures
This procedure is to be taken if the Landlord requires possession of the property. The procedure can be used to obtain possession of the property together with arrears of rent or simply to obtain recovery of the property by way of accelerated possession procedure. The accelerated procedure is used only when you have an expired Section 21 notice and do not wish to claim rent as part of the possession procedure.
Should you take possession under the accelerated procedure to obtain recovery of your property but still wish to sue separately for the arrears you should turn to the Small Claims Procedure.
Small Claims Procedure
This procedure can be taken at any time taken during the tenancy (having not obtained a Judgement for the 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 Judgement. This procedure should not be followed if you have already obtained Judgement for the arrears of rent under the possession procedure;
nor should it be followed if you intend to claim possession based on the rent arrears, e.g. under Ground 8.
If you require an Order for rent and possession of the property you should Possession Proceedings (see left).
1. General Notes on Possession
Firstly, read the Possession Notes, which apply in any Possession case.
2. Types of possession for Assured Shorthold Tenancies
Fault based Possession
Fault based possession can be started at any time in the tenancy term and is applicable when the tenant is in rent arrears or has breached the tenancy in some other way.
Possession at end of tenancy
When a tenancy has ended, you can regain possession of your property without giving a reason.