Possession Proceedings Pitfalls and How To Avoid Them

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Commencement of possession proceedings and their continuation through the court system are governed by CPR Part 55 and the accompanying Practice Directions. First possession hearings are often only listed for 10 minutes, but this does not mean that they are simple or that it is easy to get the procedure or the possession notices correct. The procedure and the law are both very complicated and confusing in places. Often, procedural non-compliance or seemingly minor errors in notices mean landlords have to start everything afresh. This talk will address requirements for valid possession notices and explain how to avoid falling foul of procedural requirements, covering in particular:

• When it is appropriate to use a statutory notice compared to a common law notice to quit
• The rules regarding service of possession notices
• What happens at a first possession hearing and how best to prepare for it
• An introduction to possession claims against trespassers and how properly to serve the claim on “persons unknown” 

Sophie Gibson, Barrister, Landmark Chambers