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Possession process

This content applies to England

Possession process for rented properties.

Process

Basic principles in possession proceedings. 

Pre-action protocol for social landlords

The pre-action protocol which prescribes the specific procedures that social landlords should follow before issuing possession claims. 

CPR Part 55 possession procedure

The Part 55 procedure for claims for possession of land. 

AST accelerated possession procedure

The accelerated possession procedure can only be used to recover possession under section 21. 

Section 21 possession procedure

General possession procedure for assured shorthold tenancies. 

Landlord issues a claim

Issuing a claim form. 

Landlord claim for possession of an assured tenancy

How a landlord can apply for possession of an assured tenancy. 

Defence to a landord's claim

Procedure for responding to and defending a claim for possession. 

Possession claim goes to trial

What happens at a court hearing. 

Public law and human rights defences

Public law defences based upon conventional judicial review grounds or a breach of human rights available against public authority landlords. 

Disability discrimination defences

Defences to possession proceedings based on disability discrimination. 

Court orders at possession hearings

The different possession orders that the court can make and court costs 

Family intervention tenancies

A landlord does not have to prove any grounds for possession and the county court must order possession if it has followed the correct procedure to end the tenancy of a family intervention tenant. 

Defences against possession for introductory tenants

Possible defences to possession of introductory tenancy. 

Possession proceedings against a bankrupt tenant

The implications of bankruptcy on possession proceedings against tenants. 

Debt relief orders and possession

The implications of debt relief orders on possession proceedings against tenants. 

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