A successful resolution to a property possession claim

Property & Land Law

29 November 2023

Lavinia represented the landlord (the Claimant) in a defended possession claim. The landlord was seeking possession through the accelerated possession procedure.

The tenant claimed that the prescribed information-under The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015- had not been provided, and that therefore no valid s21 could be served.

The issue was complicated by the fact that the property was a House in Multiple Occupation. The case involved careful consideration of the law and what constituted providing information. Lavinia examined witness statements and presented the case in a clear and concise way.

Lavinia’s clarity and attention to detail persuaded the District Judge that, due to the nature of the property, by placing the documents within the kitchen (and informing the tenant of their whereabouts) the landlord had provided the tenant with the prescribed information.

As a result, Lavinia’s client recovered possession of the property.

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