Securing Possession and Recovery of Substantial Rent Arrears for a Residential Landlord

We recently assisted a residential landlord in recovering possession of a rental property following significant and sustained rent arrears. The matter demonstrates the importance of careful procedural compliance and strategic case management in residential possession proceedings.

Background

Our client, a residential property investment company, had granted an Assured Shorthold Tenancy for a fixed term. After the initial term expired, the tenant stopped paying rent and arrears began to accumulate rapidly.

The landlord was informed that the tenant had been advised not to vacate the property voluntarily. This is an increasingly common scenario, as tenants are sometimes advised that leaving without a court order may affect their housing status. As a result, the tenant remained in occupation despite substantial arrears.

By the time we were instructed, the arrears were significant and continuing to increase, placing the landlord under financial pressure.

The Challenge

Possession proceedings require strict compliance with statutory and procedural requirements. Even minor technical errors can result in delay, adjournment, or dismissal of a claim.

Our objective was to:

• Secure possession as efficiently as possible
• Recover the rent arrears and associated costs
• Minimise delay in enforcement

How We Assisted

We took a structured and proactive approach:

Careful Review and Service of Notice

We ensured that the appropriate statutory notice was validly prepared and served, relying on rent arrears grounds available to landlords where the threshold requirements are met.

Detailed Evidence Preparation

We prepared comprehensive witness evidence setting out:

• The history of the tenancy
• A clear schedule of rent arrears
• Supporting documentation to satisfy the court

Accuracy in arrears calculations and procedural compliance was critical to avoid adjournment.

Strategic Court Management

We managed the proceedings efficiently to minimise unnecessary hearings and avoid delay. This reduced additional legal costs and shortened the overall timeline to possession.

Prompt Enforcement

Following the possession order, we acted swiftly to ensure enforcement progressed without avoidable delay, enabling the landlord to recover the property as soon as legally possible.

The Outcome

The court granted:

• An order for possession
• Judgment for the outstanding rent arrears, interest, and costs

The landlord was able to recover the property and take steps to mitigate ongoing financial loss.

Why This Matters

Residential possession claims are increasingly technical. Errors in notice drafting, service, pleadings, or evidence frequently result in delay and additional expense.

This matter highlights the value of:

• Early legal advice
• Procedural precision
• Strategic handling of enforcement

Need Assistance with Rent Arrears or Possession?

If you are a landlord facing rent arrears or difficulties recovering possession of your property, we can guide you through the statutory process to achieve a lawful and enforceable outcome. Please contact us at wewillhelp@jonathanlea.net. We are happy to offer an initial no-obligation consultation to discuss your options.

Disclaimer: The case studies on this website are provided for illustrative purposes only and do not constitute legal advice. All identifying details have been removed or altered to protect client confidentiality. Outcomes described are specific to the circumstances of each case and may not be indicative of future results. You should seek independent legal advice before taking any action based on the information provided.

Photo by Jakub Żerdzicki on Unsplash