The Court Process of Possessing a Property

We thought the following flow chart and information relating to the process of gaining legal possession of a property may be of use to all the landlords out there.  The flow chart and information is taken from the Ministry of Justice.

To obtain a court order granting the entitlement to take possession of a  property, a claimant – a mortgage lender or a landlord – must first make a claim which is then issued by a county court. Generally, the issuing process involves the arrangement of an initial hearing before a judge. At such a hearing, a judge may:

  • · grant an order for outright possession of the property at a date decided by the judge;
  • · grant a suspended order for possession of the property; or,
  • · grant no order for possession (e.g. after deciding the claimant has no legal right to take possession of the property).

The suspended order for possession of the property usually requires the defendant to pay the latest mortgage or rent instalment, plus some of the arrears that have built up, within a certain defined period. As long as the defendant complies with the terms of the suspension, the possession order cannot be enforced.

More than one order may be granted during the course of an individual case. For example, it is possible that after an initial possession order is granted, the defendant may make an application to the court for the order to be varied or set aside, which could then result in another order being made.

A granted order entitles the claimant to apply for a warrant to have the defendant evicted by bailiffs, so taking possession of the property. Only then does repossession occur. Actual repossession figures (including voluntary repossessions such as where the mortgagee or tenant hands back the keys) are only available for mortgages and are compiled by the Financial Services Authority (FSA) and the Council of Mortgage Lenders (CML).

Throughout the court process, even where a warrant for possession is issued, the claimant and defendant can still negotiate a compromise arrangement to prevent eviction.

A flow chart showing the court process of possessing a property for landlords and mortgage lenders

Rooms in Cardiff is a provider of landlord services across Cardiff and South Wales specialising in multi let property, Student housing, professional house share and house of multiple occupancy (HMO) and offer the following services:

Rooms to Rent in Cardiff  £120 Fixed Fee Tenant Finder (No Tenant No Fee)

Property Listing page to advertise your available rooms on Spareroom, EasyRoomMate, Gumtree and Zoopla until let for one Fixed Price.

HMO Rent Guarantee No Void Periods & No Fees

You can contact Rooms in Cardiff via email

Telephone 0845 496 0000

or by completing the form below to arrange a call from one of our team.

Buy to Let Evictions Soar by 33%

Ministry of Justice figures analysed and presented by homeless charity, Crisis suggest the number of Court orders to evict tenants from the Private Rented Sector have dramatically increased by over one third in the last two years.

Ministry of Justice figures suggest Courts in England and Wales have granted 36,211 eviction orders against tenants renting from buy to let landlords and House in Multiple Occupation (HMO) an increase of 12% in the last year and a massive 33% increase over the last two years.

The research by the homeless charity Crisis has added weight by a survey conducted by the National landlord Association (NLA) whose figures suggest an equally bleak picture with 49% of landlords polled saying that their tenants had paid late or are in rental arrears over the last 12 months.

If you are a landlord with a buy to let property in Cardiff or across South wales our Rent Guarantee Scheme can protect your property investment for rental arrears, void periods and costly tenant eviction process.

Our Rent Guarantee Scheme provides landlords in Cardiff and across South Wales complete piece of mind as they are safe in the knowledge that their property is tenanted by  professional tenants and their rent will be paid into an nominated bank account on the same day of the month every month.

Our Rent Guarantee Scheme is suitable for buy to let property investments in Cardiff and throughout South Wales whether it be an apartment, bungalow, family home or flat and for property investors with a Student property, House of Multiple Occupation (HMO) or Multi Let we provide a specialist HMO Rent Guarantee.

For a no obligation Rent Guarantee appraisal you can email to arrange a call from one of our team or telephone 0845 496 0000.