Breach of terms
Landlords of residential properties may have situations when tenants breach the terms of their lease agreement due to rent arrears, or failing to maintain the upkeep of the property. In these circumstances, if no agreement has been reached between the landlord and the tenant, the landlord can take legal action in order to receive due rent and financial compensation for service charges. However, landlords can only recover costs which are deemed ‘reasonable’ by the tribunal. In the tenancy agreement, landlords and tenants must ensure that they set agreeable terms for:
- Service Charges
- Ground rent
- House insurance
- Administration and cleaning charges
- Reserve/sinking funds
The landlord’s right to request payment for services charges is solely governed by the provisions of the lease, meaning the tenant has no obligation to pay for charges that are not specified in the lease. Charges can be recoverable in advance or in arrears, and paid back quarterly or annually.
If your tenant has breached the contractual terms of your agreement, and you want financial compensation, you should consider seeking legal advice from a property law expert. Tenants who have rent arrears or fail to pay service charges can put significant strain on you and your livelihood. Talk to a member of our legal team today for advice and information on affordable payment plans to better manage your legal costs. Contact us on 020 3376 1888.
Possession and Eviction
Depending on the severity of the case, landlords have the right to terminate the lease prior to the tenancy expiry date and recover possession of their property. The landlord can do this if; the tenant has breached terms of the agreement; the tenant is in arrears; or if they have unlawfully sublet the residence.
The first step to recovering your property is to give the tenant a ‘notice of possession’, allowing them a 2-month period to vacate the premises. If the tenant fails to move out after this time, or remedy the breach of terms, the landlord needs to make an application to the county court for a possession order. It is important to seek legal representation at this stage so you can prepare your case for the hearing in front of the local county court. However, if you are looking to evict your tenant without claiming rent arrears or any other charges, you can apply for an accelerated possession procedure. In both normal and accelerated possession procedures, it is essential that landlords comply with the regulations and standard notice periods to avoid any unnecessary costs and delays.
If you have obtained a possession order and your tenant has yet to vacate, you can apply to the court for a ‘warrant of possession’. In these circumstances, the county court will allocate and eviction date and appoint Certified Enforcement agents and bailiffs to remove tenants from the property. On the date of eviction, the landlord should meet with the locksmith and the bailiff to take full possession of the residential property, effectively ending the tenancy agreement.
Taking possession of your property can be difficult, but you don’t have to go through it alone. To receive tactical support throughout possession and eviction process, contact one of our property solicitors today. Our legal experts can help you draft notices, prepare and defend your case in front of the county court and enforce evictions on your behalf. Call us now on 020 3376 1888.
Relationships between landlords and tenants can often end in disputes, unless terms are negotiated and settled amicably with the help of expert advice and representation.
If both parties can’t remedy the situation through mediation or arbitration, you may want to consider minimising your outlays by spreading your legal costs in instalments over a convenient period of time. This approach will allow you to afford better legal representation, and reduce the impact on your budget.
As a landlord, it’s in your interest to prevent problems with your tenants. However, due to changes in responsibilities and obligations of both parties, landlords across the UK are faced with tenant issues, that require expert legal support. Tenancy agreement disputes may involve; recovering rent arrears; housing disrepair claims; possession and eviction of tenants. It is important for landlords to seek advice in case they could be liable for substantial damages and legal costs.
As a tenant, you will have legally enforceable obligations to meet, set out in the tenancy agreement. However, you may find that your landlord has not upheld their end of the agreement and need to seek legal advice. If you are currently in a dispute with your landlord over; property damage; major works; unreasonable service charges; deposit recovery or illegal eviction contact a member of our legal team today.
We provide payment plans to cover your legal costs, so you can get the legal support you require – without the need for large payments upfront.
Our team of legal advisors specialise in all types of landlord/tenant matters. If you have already appointed a lawyer, we can still offer you a payment plan solution and will make all the necessary arrangements with your lawyer on your behalf.
We provide payment plans to cover your legal costs, so you can get the legal support you require – without the need for large up front payments.
Your legal process can involve negotiation, litigation or alternative dispute resolution (such as arbitration or mediation).
We will connect you with a lawyer who specialises in landlord and tenant matters and who is right for your individual circumstances. If you have already appointed a lawyer, we can still offer you a payment plan solution and will make all the necessary arrangements with your lawyer on your behalf.
How can we help?
We have a team of dedicated case managers who will guide you through your legal journey and ensure you’re not wasting money on legal costs and making the right strategic decisions.
Click here to get in touch or call 020 3376 1888