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Guidance stresses going to court is ‘last resort’

Seeking possession through the courts should only be used if and when all other means of resolving disputes with tenants have been exhausted an updated guide to Understanding the possession action process: A guide for private landlords in England advises.

‘We encourage you to engage with your tenant as early as possible to seek resolution of the issue and explore what can be achieved in terms of assisting your tenant to access benefits, or a discretionary housing payment, or agreeing a repayment plan, as appropriate’, says the guide published by the Department for Levelling Up, Housing & Communities.

‘If you use the county court enforcement process, claiming possession through the court will cost between £400 and £500, not including legal fees, and will take time to resolve.

‘Landlords can start court action as soon as the notice period ends’, advises the guide. ‘The target time for a possession case to be listed for a hearing, where this applies, is eight weeks. However, the overall timeliness of a case will vary dependent on individual circumstances, for example if your tenant raises a defence or there is an error with your claim.

‘We recognise that in some cases, making a claim for possession will be unavoidable, for instance if your tenant is building up rent arrears and refusing to communicate with you, or if you wish to move into the property and are unable to reach a voluntary agreement with the tenant to end the tenancy. However, it is important that court time is put to the best possible use. Where possible, you should use the court process only as a last resort’.