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LANDLORD AND TENANT DISPUTES


Assured Shorthold Tenancies: Repossession by Landlord


The Court usually allows the Landlord to take possession of the property if the fixed period of the the tenancy has come to an end and the Landlord has given at least two months’ notice to the tenant in writing before starting court proceedings. nevertheless, if the tenant is in breach of any part of the tenancy agreement then the Landlord may be able to apply for possession, although the tenancy period has not come to an end.


1.The tenant must first be served with a notice to quit, or  a section 21 or a section 8 notice


2.If your tenant doesn’t leave by the date stated on the notice we can assist you with the application to the court for a possession order.


3. If the tenant is given a possession order and still refuses to leave you must apply for a bailiff warrant. Bailiffs can then be instructed to visit the property and remove the tenant.


How to get tenants out?

 

Evicting a tenant can be a lengthy, complicated and costly process.

To legally evict a tenant a landlord needs to follow a set of rules and procedures, it is a criminal offense to evict a tenant other than by obtaining a court order for possession, if the tenant still refuses to leave the property you will then need to use the County Court bailiffs.


You will only be entitled to bring court proceedings to evict your tenant if you have served the proper possession notice first, you will also have to wait until the notice period has expired. It is important that these are correctly drafted as they could be invalid, you will also need to prove to court that you have served the correct notice.




Are you serving notice to recover property?


The easiest way is by serving a Section 21 Notice, this Notice is a Two-month notice. You will only be entitled to bring court proceedings to evict your tenant if you have served the correct notice and waited until the 2 months have expired.





Are you serving notice for rent arrears?


The Section 8 Notice covers many different grounds for recovery of the property including breach of tenancy, nuisance and any rent arrears.


Are you preparing for the court process?


Tenants may not vacate a property on expiry of the relevant Section Notice and it may become necessary to go to court. Keep a copy of the notice served, so you can prove this to the court.


Do you need to instruct court bailiffs?


After a court order, some Tenants refuse to leave the Property and you will need to obtain a Bailiff Warrant of Possession – this is the last resort to remove the tenant from the property.


Need to Evict a Tenant? – Take Expert Advice


We will talk you through the different aspects of tenant eviction, along with the process and procedures involved.


The most important thing to remember is that we will need information from you in order to help you, so have the tenancy agreement to hand along with copies of the deposit certificate and any other papers which may be necessary. We will need to know when your tenancy began, what the rent is, how the rent is paid and if the deposit is protected.


We know that this process can be an emotional experience but the best way to deal with it is for us to be open and honest with you from the very beginning, therefore if we believe there maybe issues with your papers we will tell you and not charge you for that advice!


Tenants right and responsibilities


Tenant rights


As a tenant, you have the right as:


  • live in a property that’s safe and in a good state of repair

  • has your deposit returned when the tenancy terminations?

  • need to know who your landlord is

  • live in the property uninterrupted

  • be safeguarded from unfair eviction and unfair rent

  • have a written agreement if you have a fixed-term tenancy of more than 3 years


If you have a Tenancy Agreement, it should be fair and comply with the law.


Tenant Responsibilities


You must give your landlord access to the property to inspect it or carry out repairs. Your landlord has to give you at least 24 hours’ notice and visit at a reasonable time of day, unless it’s an emergency and they need immediate access.


  • take good care of the property,


  • pay the agreed rent on time, even if repairs are needed or you’re in dispute with your landlord



  • pay other charges as agreed with the landlord, example: - Council Tax or utility bills


  • repair or pay for any damage caused by you, your family or friends



  • you are not allowed to sublet a property without the prior consent of the landlord


Landlord has the right to take legal action to evict the Tenant if the tenant does not meet his/her responsibilities.





Landlord's safety Responsibilities


Landlord must keep the property safe and free from health risks.



Gas safety

Landlord must:


  • make sure gas equipment they supply is safely installed and maintained by a qualified engineer as a Gas safe engineer


  • have a registered engineer do an annual gas safety on each appliance and flue



  • give the Tenant a copy of the gas safety check record before the Tenant move in, or within twenty-eight days of the check


Electrical safety

Landlord must make sure the electrical system and all appliance are safe for the the Tenant


Fire safety

Landlord must follow safety regulations


Repairs

Landlord is always responsible for repairs to:

  • the property’s structure and exterior

  • hot water and heating

  • gas appliances, pipes, flues, ventilation and electrical wiring

  • any damage they cause by attempting repairs

  • baths, basins, sinks and other hygienic fittings including pipes and drains








Before to give property on rent to the Tenant, Landlord must check that the Tenant is allowed to live in the UK with Home Office


Landlord (or letting agent) must:


  • check Tenant’s original documents to make sure Tenant has the right to rent a property in England


  • check the documents of any other adults will live the main Tenant in the property



  • keep the copies of the documents until the Tenant leaves the property



Repeat checks


Landlord have to make a repeat check if there’s a time limit on the Tenant’s right to stay in the UK. Landlord will ask to see the Tenant’s documents again just before the Tenant’s permission to stay runs out, or after 12 months, whichever is longer.





Tenant’s responsibilities


The Tenant’s should only carry out repairs if the tenancy agreement says Tenant can.


Tenant can’t be forced to do repairs which are landlord’s responsibility.


If tenant (or tenant ‘s family or friend) damages another property because the negligence of the tenant, then tenant will be responsible for paying for the repairs.








Property needs repairs

Landlord is under obligation maintain the property in good condition.



Rent increase

Landlord can increase the rent according to tenancy agreement but rent ought to be reasonable but tenant can challenge to it If it is not reasonable.




Rent arrears

Your landlord can evict you if you fall behind with your rent





Rent Deposit

Landlord may ask the tenant to pay the deposit before to move in the property but that deposit, Landlord must deposit into the deposit scheme.






What is Multiple Occupation?


Your home is a House in Multiple Occupation if both of the following apply:


  • at least 3 tenants live there, forming more than 1 household

  • you share toilet, bathroom or kitchen facilities with other tenants


Your home is a large HMO if all of the following apply:


  • it’s at least 3 storeys high

  • at least 5 tenants live there, forming more than 1 household

  • you share toilet, bathroom or kitchen facilities with other tenants


A household is either a single person or members of the same family who live together. A family includes people who are:

  • married or living together - including people in same-sex relationships

  • relatives or half-relatives, example:-grandparents, aunts, uncles, siblings

  • step-parents and step-children


Landlord required HMO Licence from the Local Council.