Landlords wanting to obtain possession of their residential property should consider serving notice or issuing proceedings sooner rather than later, advise property dispute lawyers at Irwin Mitchell, particularly given the court’s backlog of cases.

“In current circumstances, we believe that it will likely take at least 12 months from the service of a notice, for a landlord to recover possession of a property where county court bailiffs are required.” says Sam Lane, a solicitor in Irwin Mitchell’s real estate disputes division. “It is therefore imperative that landlords do not waste time or delay taking steps to end ASTs, where they wish to recover possession.”

Irwin Mitchell has in recent weeks noted a rise in inquiries from landlords seeking to recover possession of a property still in the infancy of an assured shorthold tenancy agreement (AST), many of which had been entered into since March 2020, when the coronavirus pandemic gripped the nation.

The majority of these situations occurred because the landlord was eager to let the property because it was, or was due to be, vacant. As a result, the landlord’s investigation into a prospective tenant was often reduced, a fact which is coming home to haunt some landlords now.

Lane says: “We recently had a case where a tenant was able to pay rent upfront for six months, along with a five week deposit. However, the tenant’s antisocial behaviour in month one led to three longstanding tenants threatening to leave.”