Information for landlords
If you are a landlord you may use a county court to recover your land or property (and money for arrears of rent or damage to property, if applicable). Before you issue your claim you should talk to a solicitor or advice centre. To locate your nearest solicitor or advice agency please search the CLS directory.
You must start proceedings in the court which covers the area where the property is. Court staff can help you to fill in the forms, but cannot give legal advice. You will have to pay a fee to issue an application - check with court staff on how much you will be charged.
There are different types of possession cases dealt with in the court. You should choose the procedure most suitable for your case:
Rented residential premises. This is the standard procedure for re-possession of property and also for claiming rent arrears if applicable. You will need to attend a court hearing.
Accelerated possession procedure. This is a quicker method for gaining possession of property, which may not require the need for a court hearing.
Squatters. You can apply for an Interim Possession Order if you find that your premises has been occupied by people without your consent.
The Housing Act 2004 introduced Tenancy Deposit Schemes. This provided that, from 6 April 2007, deposits taken by landlords and letting agents for Assured Shorthold Tenancies in England and Wales, must be protected by a tenancy deposit protection scheme.
Where a landlord does not place the deposit in a scheme, section 214 of the 2004 Act provides that a tenant may apply to the county court to compel the landlord to repay the deposit or place it in an approved scheme.
The attached guidance explains the appropriate court procedure to follow when issuing a claim under section 214.