Which possession proceedings?

Are the contract holders in breach of contract, including anti-social behaviour?

Answer:

In England, the Housing Act sets out a number of different ‘grounds’ for possession based on different types of tenant breaches.  In the Welsh system, these all come under the heading of ‘breach of contract’.

Claims for possession based on breach of contract will (apart from serious rent arrears claims) be discretionary grounds for possession.  This means that, even if you prove your case, the Judge does not have to make a possession order if he does not consider it appropriate.

Because of this, claims tend to be defended, which makes them more time-consuming and expensive.  Unless you are really experienced in possession claims at court, we do not recommend you attempt bringing this type of claim on your own, and you should always take legal advice before doing anything.

Remember that if your claim does not succeed, you could be ordered to pay your contract holders legal costs, which could be substantial if they are awarded legal aid.  It may be better to wait and use the ‘no fault’ possession ground instead (discussed later in this guide).

You can use our telephone advice service to speak to a solicitor.  Choose Newbold or JMW solicitors who have experience in Welsh law.

Landlord Law members will find a  FAQ here.