Expert Legal Advice for Landlord & Tenant Cases

 We can act for Tenants and Landlords.

 The relationship between landlords and tenants is a delicate balancing act, in both commercial and privately tenanted properties. Putting the right steps in place to ensure a harmonious relationship and both parties can benefit over the course of a tenancy. Yet there are unfortunately times when this relationship can become strained and litigation is inevitable.

Whether you are a commercial or private landlord or tenant of a property, getting the best legal support can help you to protect the interests of your business. We work closely with landlords and tenants of both commercial and residential properties, representing them in disputes.

Property disputes should always be handled with great care. This type of Court action can arise in a range of different ways, depending on whether the dispute is between commercial businesses or between a private tenant and landlord.

Under any of these circumstances it is important to be confident in your legal position and have an experienced trusted adviser on hand that can provide you with a balanced and pragmatic viewpoint throughout the case.

Should it be impossible to resolve your issue with a private or commercial landlord or tenant, we can represent you over the course of a trial. 

Some of the most frequent issues we encounter include:

• Possession proceedings (both residential and commercial)
• Rent arrears recovery
• Deposit protection claims (both pursuing and defending)
• Dilapidations issues
• Boundary disputes

EVICTIONS 

For tenants who do not have a usual Assured Shorthold Tenancy, ("AST"), notice can still be given to end the tenancy and evict the tenant. You need to follow the correct route depending upon the type of tenancy it is and the reason you want them to leave.

A notice can be used under section 21 Housing Act 1988 to evict the tenant either:

• after a fixed term tenancy ends; or
• during a tenancy with no fixed end date

You are not claiming any FAULT by the tenant this is simply when they won't leave when you want them to.

A section 21 notice can only be served in a specific way and once the appropriate documentation has been given to the tenant.  

The information that must be given to a tenant before a section 21 notice can be used is:

• A valid Energy Performance Certificate;
• A gas safety certificate;
• The Government’s How to Rent Checklist;
• If a deposit has been paid, the deposit also needs to have been protected and the relevant information given regarding its protection.

Do not start eviction without being sure the Tenant Information is 100% done 

A Section 21 notice must always give the tenants at least 2 months’ notice to move out of the property.

If the tenants have not left by the date that has been set you can then apply to the local County Court to seek possession of your property.

If the tenants do not leave your property by the date that the Court sets then the County Court bailiff can be instructed to evict the tenants from your property.

If there has been any breach of the tenancy agreement by the tenants, such as the non-payment of rent, or because the tenant has caused nuisance to the local neighbours, then a section 8 notice can be served.

The most usual breach of the tenancy agreement is the non-payment of rent.  In that case, 2 weeks’ notice can be given to the tenants to pay the rent.

If the tenants do not pay the rent arrears by the date that is set then Court eviction proceedings can begin in the local County Court.  The Court proceedings would claim the eviction of the tenants and a County Court Judgment for the amount of rent that is outstanding. 

If the tenants do not leave your property by the date that the Court sets then the County Court bailiff can be instructed to evict the tenants from your property. 

The information that must be given to a tenant before a section 8 notice can be used is:

• A valid Energy Performance Certificate;
• A gas safety certificate;
• The Government’s How to Rent Checklist;
• If a deposit has been paid, the deposit also needs to have been protected and the relevant information given regarding its protection.

Do not start eviction without being sure the Tenant Information is 100% done 

We can handle the process from start to finish with a fixed fee service 

The landlord and tenant law process in the UK involves specific steps for both landlords seeking to evict tenants and tenants facing eviction. Key elements include serving the correct notice (Section 21 or Section 8), waiting for the notice period to expire, and potentially seeking a possession order from the court. If a possession order is granted, bailiffs may be involved for enforcement.

Evicting a tenant is a complex and often challenging process that requires a thorough understanding of the legal framework to ensure it is done correctly and lawfully. As a landlord, navigating this process efficiently is crucial to protect your property rights and minimise financial losses. This guide will walk you through the essential stages of evicting a tenant, providing you with the knowledge you need to manage each step effectively.

The first step in the eviction process is identifying the grounds on which you can legally evict your tenant. Common grounds for eviction include:

• Non-payment of rent: If your tenant has fallen behind on rent, this is one of the most straightforward grounds for eviction.
• Breach of the tenancy agreement: This can include anything from property damage to antisocial behaviour.
• End of tenancy term: You may wish to regain possession of your property at the end of a fixed-term tenancy or during a periodic tenancy without needing to prove any fault on the tenant’s part.

Understanding the specific grounds for eviction will determine the type of notice you serve and the legal process you follow.

Once the grounds for eviction have been established, the next step is to serve the appropriate eviction notice. The two most common types of notices in the UK are:

• Section 21 notice: This is used for "no-fault" evictions, allowing you to regain possession of your property at the end of a tenancy term. It requires at least two months' notice.
• Section 8 notice: This notice is used when the tenant has breached the terms of the tenancy agreement. The notice period can vary depending on the grounds for eviction, ranging from two weeks to two months.

It is crucial to ensure that the notice is correctly drafted and served in compliance with legal requirements. Any errors at this stage can delay the eviction process and may require starting the process again.

After serving the notice, you must wait for the notice period to expire. During this time, the tenant may choose to vacate the property or remedy the breach, depending on the type of notice served. If the tenant does not comply with the notice, you can proceed to the next stage.

If the tenant refuses to leave after the notice period has expired, you must apply to the court for a possession order. There are two main types of possession orders:

• Standard possession order: This is used when you want to regain possession of the property and possibly claim rent arrears or other costs. A court hearing is typically required.
• Accelerated possession order: This is a faster process used for Section 21 notices where no rent arrears or costs are being claimed. It usually does not require a court hearing.

The court will review your application and decide whether to grant the possession order. If granted, the tenant will be given a deadline to vacate the property.

If the tenant does not leave by the date specified in the possession order, you may need to enforce the order by applying for a warrant of possession. This allows court bailiffs to remove the tenant from the property. It is important to note that landlords cannot carry out the eviction themselves without a court order, as this would constitute an illegal eviction.

In addition to regaining possession of your property, you may wish to recover any unpaid rent or damages caused by the tenant. This can be done through a money claim in the small claims court or as part of the possession proceedings. It is advisable to seek legal advice to ensure that you follow the correct procedures and maximise your chances of recovering what you are owed.

We understand that the eviction process can be stressful and time-consuming for landlords. We are here to guide you through each stage of the eviction process, ensuring that all legal requirements are met and helping you achieve a successful outcome. Whether you need assistance with serving notices, applying for possession orders, or recovering unpaid rent, we provide expert advice and representation tailored to your specific needs.

If you are a landlord facing challenges with a tenant or a tenant facing challenges with a landlord please contact us