How to Repossess a Tenanted Property under Civil Procedure Rule (CPR) 55

In short, there are two main ways by which a residential landlord can take back possession of property let on an assured shorthold tenancy (AST):-

1. Section 8 Procedure (s8 Housing Act 1988);
2. Section 21 Procedure (s21 Housing Act 1988)

The initial starting point in determining which procedure to follow will largely depend on whether or not the fixed term of the AST has expired. If not, section 8 procedure will generally be followed and on or after the expiry of the fixed term, section 21 can be followed.

Section 8 Procedure
The Landlord will first need to serve a section 8 notice on the Tenant, requiring possession of the property, which must specify one or more of the ‘grounds’ for possession as per schedule 2 of the Housing Act 1988. If the Tenant does not vacate then the landlord can issue ‘standard procedure’ Court proceedings under CPR 55 or (dependant on circumstance) use the ‘Possession Claims Online’ service, though the latter is largely reserved for cases concerning only the non-payment of rent.

This is done by filing a Claim Form along with the Particulars of Claim with the local County Court (the High Court can be used but that is outside of the scope of this blog), who then ‘issue’ the claim.

The hearing is usually listed between four and eight weeks after the Claim Form has been issued with the Tenant needing to be served with the Claim Form and Particulars no less than 21 days before the listed hearing date. The Defendant Tenant is not required to serve a defence but also does not need to serve any form of response.

Assuming all procedural aspects of the claim are satisfied, a Possession Order is usually given, with the tenant having a set number of days in which to vacate the property.

Section 21 Procedure
Where the original fixed term under the AST has expired, the Landlord can serve a section 21 ‘notice to quit’ on the Tenant. Unlike section 8 notices, no grounds whatsoever are required, the landlord must simply prove the Tenant let the property under an AST (simply annexing the document to the Claim Form will prove this). If the Tenant does not vacate, the landlord can issue using either the ‘standard s21’ or ‘accelerated s21’ procedure seeking a Possession Order from the Court which will usually give the Tenant 14 days to vacate.

The decision over which type of s21 procedure to follow is simple, the standard procedure allows for claims by the Landlord where the Landlord seeks to recover more than just possession of the property, such as actions over rent arrears whereas the accelerated procedure is solely for the Landlord to recover possession of the property.

S21 Standard:-
If following the standard procedure, the Landlord must file a Claim Form and Particulars (as with s8 proceedings). Once issued, the hearing will usually be listed for four to eight weeks later and will again require the Tenant to be served with the documents no less than 21 days before the hearing.

S21 Accelerated:-
The accelerated procedure differs from those outlines above and is often the most sought after procedure by residential Landlords as it often does not require a hearing so keeps wasted time and costs to an absolute minimum.

The criteria for using this process is strict, and the Landlord must provide a copy of the AST and a s21 notice must have been served. It should be noted that it cannot be used where a landlord has failed to protect a deposit or provide the tenant with the prescribed information.

The Landlord must file a Claim Form, but no particulars are required, as the Claim Form asks all of the necessary questions. If the Tenant wishes to dispute/defend the claim, they must file their Defence within 14 days of service of the Claim Form.

The Judge will then consider the Claim Form and any Defence received and, provided no hearing is required, will make a Possession Order.

As you will note from the above, there are a number of options available to a Landlord who wishes to repossess the Tenants property and it is imperative that the correct procedure is followed. There are a variety of rules and restrictions which govern whether or not a Landlord can follow any given procedure and if your case is in any way complicated, it is recommended that you seek professional advice from someone with experience in the field. Such complications may include where you wish to take possession but have not protected the deposit or provided prescribed information.

Our experienced litigation team have a proven track record in dealing with this type of issue and are readily available to assist when any part of the process. If you do require assistance, please feel free to contact us on 01942 206 060 or by email at mbh@wigansolicitors.com.