Woodford Wise Solicitors

Dean Evans
By Dean Evans February 1, 2019 11:03

 

Landlord and Tenant

Both, Landlords and Tenants can become unhappy because the one or the other is not complying with the terms of their rental agreement. Landlord and Tenant law can be quite complicated but the best solution is often found by having a conversation.

Where this fails, there maybe no option but to compel the other to abide by the terms of the Agreement between Landlord and Tenant.

We deal with the following areas:

  • Possessions – This is a process whereby the Landlord will seek to recover their property and ask the Tenant to vacate the property. If the Tenant refuses to leave after being served with a Notice to leave then the Landlord will be entitled to seek a possession order which will be given the Courts.

  • Section 21 Notices – This is a Notice given to the Tenants that their rental agreement/term has expired and that they need to vacate the premises within 2 months from the date of service of the Notice.

  • Section 8 Notices – This is a Notice which a Landlord may serve upon a tenant if the Tenant has breached the terms of the Notice for instance if the tenant has not paid the due rent for a period of at least 2 or more months consecutively.

  • Possession Applications – Application to Court seeking possession of the property and requiring the Tenant to vacate the property within a certain time

  • Bailiff Applications – This is used when a Tenant refuses to abide by an order (possession order) given by the court to vacate the property and does not do so then the Landlord may apply to the courts to grant a bailiff order

  • Rent Arrears – Where there are rent arrears due to the Landlord and the Tenant has failed to pay those then w can act on behalf of the Landlord in trying to recoup that money from the Tenant, this maybe through correspondence with the Tenant or if need be a money claim and an application being submitted to court.

We are experts in several main issues the landlords may encounter with their tenants including:

  • Dilapidations – this can be a real issue between a landlord and their tenant. The lease will state who is responsible for the condition of the building. A dilapidation claim can occur once either the landlord or the tenant has breached the terms of their lease. Making sure that your lease terms are correct can also help to protect you from a dilapidation claim.

  • Disputes – common disputes between landlords and tenants include Rent Arrears, Dilapidations, Subletting, and Forfeiture of the Lease. Although it is quicker and less expensive to enter into dispute resolution, the catch is to get your tenant to agree to undertake the resolution process. Read more about landlord-tenant disputes here.

  • Possession Claims – you can use a possession claim if your tenant owes you rent for a residential property. You can’t complete a possession claim if your tenant owes you rent on a commercial property. You can also use a possession claim where your tenant has breached their lease in some other way or they’ve been acting in an anti-social manner. You’ll pay a court fee (currently £325) and need to complete a claim form to make a possession claim.

  • Property Disrepair Claims – as a landlord, your tenant may bring a property disrepair claim against you. There are some simple ways to protect yourself in these kinds of claims. Talk to us, we can advise you of the validity of the claim, and the most economical course of action for you to take. Read more about Property Disrepair Claims here.

  • Rent Arrears – if your tenant falls behind in their rent payments, you can evict them. There are strict rules to follow and this depends on the type of tenancy agreement you have with them. If you don’t follow the correct eviction process, you could illegally evict your tenant and a court may allow them back into your property and you could be charged with harassment. You may want to try to arrange a payment plan with your tenant to clear the rent arrears before going down the eviction route.

  • Service charges – these are charges for the general maintenance of the building including insurance, heating and electricity for shared areas and items such as lift maintenance and cleaning. The lease that you issue to your tenant will outline who is responsible for the payment of service charges. Talking to a solicitor can help you to get your lease watertight and help you avoid any issues with non-payment of service charges. If your tenant does not pay, they are in breach of their lease and you could opt for a possession claim.

  • Breach of convenience – as a landlord, you have the right to access your property to inspect it or carry out repairs to it. But you also must respect your tenant’s privacy and they must agree to the timing of your visit. If you are facing issues with access, speak to us today

Dean Evans
By Dean Evans February 1, 2019 11:03
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