Residential Landlord
and Tenant litigation
Some landlords have tenants who to them, are a nightmare from the word go but others have good tenants who now are facing problems of their own in the current climate and so many landlords are facing a moral dilemma of what to do.
We see and face these challenges every day and as a specialist practice in landlord and tenant, we do not operate a one size fits all system but every case is treated individually on its own merits and with compassion where appropriate.
Increasingly common for landlords in the Private Rental Sector (PRS), is the issue of problem tenants but in reality we all know this is not as straight forward as it seems.
Recovery of your property falls into two distinct routes.
The first is where the term of your tenancy has ended and you are entitled to the return of your property if you so wish under the current law. This is commonly known as section 21 proceedings but often referred to by the unfortunate term of “no fault eviction” proceedings.
The second is where your tenant is in breach of one or more of the terms of the tenancy, typically rent arrears, and this is known as section 8 proceedings.
Both break into 3 stages.
STAGE
ONE
The preparation and serving of the correct notice informing the tenant that you require possession and are bringing the tenancy to an end.
Generically, this is called a Notice Seeking Possession. This notice will give the tenant a period of time to vacate or correct the breach typically being between two weeks and two months according to the type of notice.
We can prepare this notice for you or alternatively, you may prepare and serve your own notice. If you serve your own notice, there will be a charge to check that it is valid before we issue proceedings for you as an invalid notice is likely to be fatal to your claim..
STAGE
TWO
Once the notice has expired, i.e., the tenant has not vacated or corrected the breach within the time given, you have the right to commence court proceedings for the recovery of your property and, if appropriate, a judgement for any money claim.
Our fixed fees include the preparation and submission of the Court documentation, the filing of any evidence necessary for the hearing with the Court, and if it is a Section 8 case, our fees also include the advocate’s fees for attending the first hearing. To assist your case, you should be prepared to attend or have someone attend the hearing on your behalf. Our fixed fees do not include any legal work after the first hearing should the tenant defend the proceedings which we would advise you of and the costs to contest the defence. Commercially, it is usually better to find a negotiated solution all of which we can advise and assist you with.
If your case is a section 21 application, normally there is no hearing and so an advocate’s fee is not included.
STAGE
THREE
Once you have obtained a possession order, the recovery of your property from the tenant can only be done by a Court Bailiff. You cannot move the tenant out yourself.
We would check with you that the tenant still occupies your property and that they would like us to instruct a Court Bailiff to attend and remove the tenant.
The Bailiff will make an appointment at a set time on a date advised and on that date you or your agent must attend with the bailiff to take possession of the property. In some courts the waiting time for bailiffs appointments can be quite considerable.
Defended cases
If the tenant is going to raise an objection to possession which is known as a defence (which may include a counterclaim) it is highly likely to be raised at the first hearing. The Judge will not decide on the merits of the defence at that hearing but give a list of requirements to be complied with ready for the next hearing.
Our specialist Legal Team will take over the conduct of your case, and liaise with you for your instructions.
Contact Ashley Taylors Legal
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