CASE STUDY: KTS Legal Secures a Possession Order Following a Lengthy and Contested Trial

On 09 July 2026, KTS Legal achieved a successful outcome for its client (“Claimant”) when the Court ordered possession of a property occupied by the Defendant following lengthy and contested proceedings. The matter was handled by a team of lawyers at KTS Legal, led by Mr. Kumar Subramani.

The Defendant’s continued occupation of the Claimant’s property had caused significant difficulties for the Claimant. The successful outcome concluded a year-long period of litigation concerning the recovery of possession of the property.

Background to the Case

The Claimant, whose business was based in London, United Kingdom, operated a pub and bar The Defendant was a former employee of the Claimant, having been employed from March 2020 until May 2024. During her employment, the Defendant resided in a residential flat situated above the pub and bar operated by the Claimant. The Claimant had permitted the Defendant to occupy the residential flat rent-free for the duration and as a part of her employment. No tenancy agreement had been entered into between the parties.

Following the termination of the Defendant’s employment in February 2024, the Claimant served three months’ notice requiring the Defendant to vacate the property. The Claimant intended to sell the property in the future and therefore sought to recover vacant possession.

Despite the termination of the Defendant’s employment, and being requested to vacate the property, the Defendant continued to occupy part of the Claimant’s property, where the Claimant actively operated its pub and bar business.

Upon being informed that the Defendant was required to vacate the property, the Defendant sought financial compensation from the Claimant, alleging that such sums were necessary to compensate her for the loss of her employment. Following the Defendant’s failure to vacate the property in accordance with the notice served upon her, the Claimant instructed KTS Legal to initiate possession proceedings to recover possession of the property.

Legal Dispute and Court Proceedings

KTS Legal and the Claimant sought to recover possession of the property, which the Defendant had occupied for a considerable period. After the issue of the possession claim, the Defendant filed a Defence, and the matter proceeded to a court hearing. At the initial hearing, the Court directed that the matter be listed for a Case Management Conference to determine the further directions required for the progression of the proceedings.

At the Case Management Conference, the Court allocated the matter to the Fast Track and issued further directions requiring the parties to comply with various procedural obligations. These included filing Directions Questionnaires, providing standard disclosure of documents and requests to inspect documents, filing and serving witness statements, and filing pre-trial checklists. The Court subsequently listed the matter for a final trial lasting one full day. The Defendant then made an application seeking permission to amend her Defence and Counterclaim and to bring a Part 20 Counterclaim in the proceedings.

In support of her application and counterclaim, the Defendant alleged that the Claimant had caused serious personal injury and had significantly affected the Defendant’s mental health. The Defendant subsequently filed an amended Defence and Counterclaim, advancing allegations of disrepair and harassment. The Defendant sought general damages and compensation for personal injury, anxiety and distress, together with special damages for alleged financial losses. The Defendant also sought an injunction to prevent further harassment and an order for the costs of the Defendant’s application.

Throughout the Defendant’s occupation of the property, the Claimant’s representatives had arranged various repair works to ensure that the Defendant could reside at the property peacefully during the period of occupation. The Defendant had also been authorised to use the Claimant’s business card to make payments towards the utility bills associated with the property. However, the Defendant allegedly exceeded the scope of that authority by continuing to purchase electrical equipment for the property without the Claimant’s knowledge.

The Court listed a separate hearing to consider the Defendant’s application. Following consideration of the application, the Court dismissed the application and also that the Claimant’s costs of the application be borne by the Defendant, with the amount of those costs to be assessed by the Judge at the final trial.

Preparation for Trial and Costs Dispute

In preparation for the final trial, KTS Legal filed a detailed Schedule of Costs on behalf of the Claimant. The Defendant’s legal representatives, however, filed their Statement of Costs only one day before the scheduled hearing. In response, KTS Legal requested that the Court dismiss the Defendant’s Statement of Costs pursuant to paragraph 9.5(4) of Practice Direction 44 of the Civil Procedure Rules (“CPR”),
on the basis that the Defendant had failed to comply with the requirement to file and serve the Statement of Costs no later than two days before the trial.

At the final trial, the Court considered the parties’ respective positions and the evidence presented. The Defendant was unable to establish the position to the Court’s satisfaction, and the Court made an order for possession of the property in favour of the Claimant.

Challenges Faced During the Proceedings

The proceedings involved several challenges, including compliance with the Court’s directions, the conduct of the parties throughout the litigation and the consideration of the allegations advanced by the Defendant in her counterclaim.

The Defendant’s allegations concerning harassment, personal injury and the impact on her mental health formed part of the wider dispute between the parties. Notwithstanding these allegations, KTS Legal successfully presented the Claimant’s case in support of recovering possession of the property.

The Court considered the Witness Statements filed by both parties and reached its decision on the merits of the case. Following its consideration of the evidence and the parties’ respective positions, the Court granted possession of the property to the Claimant and further ordered the Defendant to pay the Claimant’s legal costs.

The outcome represented a significant achievement for the Claimant following a lengthy and contested trial, bringing the possession dispute to a successful conclusion.

Conclusion

This case demonstrates the importance of thorough preparation, compliance with Court directions and the proper filing and service of relevant documentation in civil proceedings governed by the CPR. Despite the Defendant’s amended Defence and Counterclaim, which included allegations of disrepair, harassment, personal injury, anxiety, distress and financial loss, the Court ultimately ordered possession of the property in favour of the Claimant and awarded costs to the Claimant.

KTS Legal’s preparation of the Claimant’s case, attention to procedural requirements and representation throughout the proceedings contributed to achieving this successful outcome. The case highlights the importance of obtaining appropriate legal advice and representation when dealing with contested possession claims, particularly where the proceedings involve counterclaims, disputed allegations and complex procedural issues.

How Can KTS Legal Help?

KTS Legal has a team of experienced lawyers specialising in landlord and tenant disputes and civil litigation matters before courts across the United Kingdom. Landlords and tenants may encounter a range of disputes concerning occupation, possession, property conditions and their respective legal obligations. KTS Legal provides professional legal advice and assistance, supported by careful case preparation and representation throughout court proceedings.

If you are a landlord or tenant experiencing a dispute concerning a property you own or occupy and require professional legal advice or assistance, please reach out to us by calling on +44 20 8367 0505 or email us at info@ktslegal.com.