Information for occupants
If you receive a Summons for Possession this is because the claimant (your landlord or mortgage lender) is claiming possession of property. The reasons for this will be set out in the Particulars of Claim which accompany the summons form. The summons may also include a money claim for arrears.
Re-possession cases can be issued for different types of matters:
Mortgaged property. If you have a mortgage on your property and have fallen into arrears on your payments.
Rented residential property. If you are renting a property from a private landlord or your local council.
Accelerated possession procedure. When you have an assured shorthold tenancy agreement and your landlord is asking for possession.
Squatters. When you are occupying premises without any right to do so.
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.