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