An individual landlord instructed Samuel Okoronkwo Jr. to advise on possession proceedings and tenancy-related disputes concerning a residential property. The client, recently returned from overseas and in poor health, faced ongoing challenges with tenants who refused to vacate the property despite the expiry of the Assured Shorthold Tenancy (AST) and service of a section 21 notice. The tenants continued to pay rent via the former managing agent. The client also disclosed mortgage arrears and financial strain, despite holding significant equity in the property.
The tenants filed multiple defences, including allegations of improper service of the section 21 notice, failure to protect the deposit, and lack of compliance with pre-tenancy documentation. The First-tier Tribunal (FTT) matter remained unresolved, with the applicants refusing to withdraw despite judicial encouragement. The client expressed frustration over legal costs and lack of progress, though he confirmed his intention to continue with counsel. The property remained in mortgage arrears, and the client was negotiating with the lender. He also faced difficulty selling another leasehold flat due to its short lease term.
Samuel Jr. advised on the procedural complexities of possession proceedings and the impact of the tenants’ defences. He engaged with the court directly to obtain updates and clarified the limitations of enforcement options, including the cost and viability of High Court transfer. Counsel agreed to pause billing temporarily and offered continued support. Next steps included obtaining a quote for further action, reviewing court orders and warrant details, and preparing for potential enforcement proceedings. The client was reassured and agreed to proceed cautiously while managing his financial obligations.
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