Landlord and tenant law and evicting tenants is a highly regulated area governed by strict time limits and financial penalties. It is therefore important for private landlords and letting agents to obtain the right legal advice from the outset.
Our specialist landlord and tenant law/evictions Solicitors are based in Northampton and Wellingborough and can assist you with:-
- Drafting a tenancy agreement.
- Setting up your deposit protection account and registering your deposit.
- Preparing and serving the deposit prescribed information.
- Drafting a letter of claim in relation to rent arrears or other tenant default.
- Section 13 Notices for rent increases.
- Section 8 and Section 21 Notices for eviction.
- Commencement of Court proceedings and advocacy at hearings.
- Bailiff applications and other enforcement actions.
- Handling unlawful eviction claims.
- Block management including service charge and ground rent cases.
- Forfeiture.
- Service charge consultation and applications for dispensation.
- Leasehold Valuation Tribunal advocacy.
We offer a fixed tariff of charges for the majority of the items listed above, offering clarity and certainty.
We already act for a number of local letting agents and private landlords and references are available on request.
For more information or to book an appointment, please contact Christina Woods or Hassan Shah on 01604 638905, or email info@sp-law.co.uk, or fill in our Enquiry Form and a member of our team will be in touch.
Can a landlord evict a tenant if they have lost the tenancy agreement?
Yes. Although preferable, there is no legal requirement to have a tenancy agreement in most situations.
Can a landlord evict a tenant if there was no written tenancy agreement?
Yes. Although preferable, there is no legal requirement to have a written tenancy agreement in most situations. It is however likely to complicate (but not prevent) any future attempts to evict a tenant.
Does a landlord need to conduct a ‘Right to Rent’ search?
Yes. You must check that your tenants (and permitted occupiers) can legally rent your property in England. It is against the law to only check people who you think are not British Citizens.
Does a landlord need to take a deposit?
No. However, if you have an assured shorthold tenancy and you take a deposit from the tenants you will need to comply with the relevant regulations. Failure to do so can lead to an award of compensation to the tenant and can also complicate eviction proceedings.
What are a landlord’s obligations in relation to a tenancy deposit?
You will need to, within the time limit, protect the deposit with one of the government schemes and provide your tenant with full prescribed information.
Does a landlord need to provide a copy of the EPC to the tenants?
In order to comply with the Deregulation Act 2015 you need to ensure that you provide your tenant with the EPC at the outset of the tenancy.
What are the landlord’s obligations in relation to gas inspections at a rented property?
You will need to have a gas safety inspection carried out at the property every 12 months. The copy of the certificate must be provided to the tenants within 28 days of the inspection.
Does a landlord need to get electrical appliances tested?
Regulations came into force on 1st June 2020 which require landlords to have electrical installations in their rented properties inspected and tested every 5 years by a person who is qualified and competent. Landlords are required to provide a copy of the electrical safety report to their tenants (and local authority if requested).
Do you need to fit carbon monoxide detectors at rented property?
Only in rooms using solid fuel burning appliances.
Do you need to fit smoke alarms installed at rented property?
Yes, there needs to be at least one on every floor.
How does a landlord increase rent?
In order to increase the rent at the property you can either serve a section 13 notice or enter into a new tenancy agreement.
Can a landlord access their property during the tenancy?
Generally yes, subject to giving adequate notice. However, a landlord must never do anything to disrupt a tenant’s right to quiet and peaceful enjoyment of the property.
What notice does a landlord need to serve to evict tenants?
Most commonly, you serve a formal notice in the prescribed form pursuant to either section 8 or section 21 of the Housing Act 1988 (as amended). In company lets, a different type of notice is required. There are also a number of requirements that must have been satisfied before you can even serve a notice. This is an increasingly complex area of law so it is important to get legal advice.
What does a landlord do next after a section 8 or section 21 notice has expired?
Once the notice expires, a court order must be obtained. Even once a court order has been made, only a County Court Bailiff or High Court Sheriff can physically remove a tenant from a property. If you evict a tenant without following the correct procedure, you could face a claim for substantial compensation for unlawful eviction.
What can a landlord do if the tenant damages the property?
A landlord may be able to use the tenancy deposit. Alternatively, you can bring an action in the County Court, although this is usually only sensible if the tenant has assets. An eviction notice can also be served although damage is a discretionary ground for possession.
How much notice does a landlord need to give to evict a tenant?
This will depend on which notice is served and at the time of writing, the additional requirements in place due to Covid-19.
Can a landlord give verbal notice to the tenants to vacate?
No. All notices must be in writing and usually in a prescribed form.
Do tenants leave after the section 8 or section 21 notice expires?
Not usually. Most tenants only leave once the bailiff has attended the property. Indeed, the local authority usually advises tenants to remain in situ otherwise they may be deemed “intentionally homeless” and may not be considered for council housing.
Does a landlord need a Court Order to evict tenants?
Yes. . If you evict a tenant without following the correct procedure, you could face a claim for substantial compensation for unlawful eviction.
Can a landlord evict a non-defaulting tenant if they just want their property back?
Yes, pursuant to section 21 of the Housing Act 1988 (as amended), subject to all the regulations and requirements having been met.
What can a landlord do if tenants stop paying rent?
Sometimes a payment plan can be agreed. If that fails, it is often sensible to try to negotiate a voluntary exit usually with a financial incentive. However, usually a section 8 notice is served and once it expires, court proceedings are commenced.
How long does it take to evict a tenant?
This will depend on which notice is served and at the time of writing, the additional requirements in place due to Covid-19. Once the notice has expired, court proceeding must be commenced. Once an order for possession has been obtained, you will need to then apply for a bailiff. From the point at which court proceedings are started, it can take at least 3 – 4 months to recover possession of a property if the case is not defended there are no complications.
Does a landlord need to attend court hearing to evict a tenant?
Yes in section 8 cases although a legal representative can attend in your place with an agent to confirm the rent arrears. There is usually no hearing in a section 21 claim unless the tenant pleads “exceptional hardship”.
Does a landlord need to apply for a bailiff if the tenants do not leave?
Yes. It is sometimes quicker to transfer to the High Court and to employ a Sheriff.
My tenant has disappeared, what do I need to do?
It is advisable to get confirmation in writing that your tenant has fully and voluntarily vacated. If your tenants have gone on holiday and they return to find the locks changes, they could sue for unlawful eviction. If in doubt, always get a court order before recovering possession of a property. If the tenant has left before the end of the tenancy and without giving notice, you could sue for lost rent etc but it is only usually worth doing this is the tenant can be found and has assets.
How much rent arrears are needed before a tenant can be evicted?
Pre-Covid, under the Housing Act, as long as there were at least 2 months arrears, a possession order would be granted. If you had less than 2 months arrears, you could only rely on discretionary grounds which would not guarantee a possession order. These rules have been changed due to the pandemic but should revert back to normal at some point.
Can a landlord recover their legal costs from the tenant?
Usually only nominal fixed legal fees are ordered by the Court plus a refund of the court fee. However, if the tenant has no assets, recovery of even these limited fees can be difficult.
