The pre-notice audit that decides whether a possession claim succeeds

Why claims fail on paperwork rather than merits

A landlord with genuine arrears and a cooperative court can still lose a possession claim, be ordered to pay costs and have to start again months later. The reason is almost never the strength of the underlying case. It is a notice served a day early, a deposit that was protected late, prescribed information that went to the wrong address, or a licence that was never applied for.

The court will not overlook these points because the arrears are large. They are conditions on the landlord's right to recover possession, and a well-advised tenant will take every one of them.

What we check before any notice is drafted

The tenancy agreement and any renewals or periodic continuation; who the parties actually are and whether the correct entity is bringing the claim; the deposit, when it was protected and whether prescribed information was given to the tenant and any relevant person.

Then the compliance documents: gas safety records and when they were provided, the energy performance certificate, the current how-to-rent guidance, any selective or HMO licensing requirement in the local authority area, and the record of repair reports and responses.

Finally the money: a reconciled arrears schedule that matches the bank statements, the treatment of part payments and any benefit or housing payments received directly.

Fix what can be fixed before you serve

Some defects can be cured. A deposit can be returned, prescribed information can be re-served, a licence application can be made. Others cannot be cured retrospectively and change the strategy entirely — which grounds are available, whether to negotiate a surrender, or whether to accept a payment plan with a suspended order in prospect.

That decision is far cheaper to take before the notice goes out than at the door of the court.

What this means for landlords with several properties

Portfolio landlords benefit most from a standing process: one document pack per tenancy, one arrears format, one diary of certificate expiry dates. Where that exists, possession decisions become quick and predictable. Where it does not, each claim is a fresh investigation.