The law in this area changes regularly and we can assist you in drafting tenancy agreements and advise on the effects and implications of what you are granting to your tenant. When things go wrong we can assist with sorting matters out including possession proceedings in the County Court.
These are formal documents which create legal rights and obligations. A poorly drafted 'template' or 'off the shelf’ tenancy agreement will not be suitable for every landlord’s specific circumstances and could well have unintended consequences if used without careful consideration of their terms.
If you have rented out a residential property to tenants, you will most likely have granted them an Assured Shorthold Tenancy. Under the rules which govern these types of tenancy, there are strict legal procedures to be followed to remove a tenant who has breached their tenancy agreement (e.g. by failing to pay rent). The only way for a landlord to remove a tenant who refuses to leave is through the court system. Attempting to remove a tenant without a court order could lead to claims against you for unlawful eviction and harassment.
We can assist you through the process of preparing and serving pre-court action notices, preparing and submitting applications to the County Court asking for a possession order, and subsequently representing you at the court hearing.
We can also assist in the preparation of applications to the court for ‘Warrants’ instructing County Court Bailiffs to enforce possession orders where necessary.
Landlords should not underestimate the complexity and necessity for strict adherence to the rules governing the process of recovering possession of a property. While information on possession proceedings is freely available on the internet for those who feel confident enough to represent themselves in court proceedings, the interpretation and context of that information is often lacking. District Judges will dismiss or adjourn claims by landlords on technicalities – forcing you to start over which will delay matters further.
In addition, tenants can file defences claiming issues such as housing disrepair, or that you have breached other obligations as their landlord, or that they should have more time before they are ordered to leave the property. These are all issues which would need to be dealt with properly during the litigation process.
We can provide you with an estimate of costs for preparation and service of notices, making an application to the court, and preparing and filing a warrant for possession. Please 'phone or email or visit us for an estimate.
The court process is time-consuming and can be frustrating, but specialist legal advice can make the difference in ensuring that you regain possession of your property when you are entitled as soon as possible.