Landlord and Tenant Solicitors

+ How can I recover rent arrears without resorting to eviction?

Eviction is not always the first step when dealing with rent arrears. There are several legal options available to recover unpaid rent while maintaining a working relationship with the tenant.

In many cases, an early discussion about repayment plans can lead to a resolution. If this is unsuccessful, landlords can issue a formal written demand reminding the tenant of their obligations. Where necessary, mediation services can help facilitate an agreement without the need for court action.

If non-payment continues, legal action may be required. Our Landlord and Tenant Solicitors can assist in pursuing a court order for debt recovery, ensuring that landlords can recover outstanding rent lawfully and efficiently.

+ How can I legally evict a tenant?

Evicting a tenant must be done following the correct legal process to avoid penalties, delays, or claims of unlawful eviction. Under the Housing Act 1988, landlords have two primary legal routes to regain possession of their property:

• Section 21 Notice (No-Fault Eviction): Used when a landlord wants to regain possession after the fixed term has ended or during a periodic tenancy. A minimum of two months’ notice must be given.
• Section 8 Notice (Tenant Breach): Used when a tenant has broken the terms of the tenancy agreement, such as failing to pay rent. The notice period depends on the specific grounds for eviction.

If the tenant does not leave after the notice period expires, landlords must apply for a possession order through the courts. In cases where tenants continue to refuse to vacate, a warrant of possession may be needed, allowing bailiffs to enforce the eviction.

Our Landlord and Tenant Solicitors can guide you through every stage of the eviction process, ensuring full compliance with UK legislation while helping you regain possession of your property as quickly and efficiently as possible.

+ What should I do if my tenant refuses to leave after a possession order?

If a tenant remains in the property after a possession order has been granted, landlords must take further legal steps to enforce the eviction. Under Section 42 of the County Courts Act 1984, landlords cannot remove a tenant themselves and must follow the proper legal process.

The next step is to apply for a warrant of possession, which authorises county court bailiffs to carry out the eviction. The tenant will receive notice of the eviction date, giving them a final opportunity to vacate the property voluntarily. If they still refuse to leave, the bailiffs will attend the property to enforce the order.

In cases where a quicker resolution is required, landlords can apply for a High Court enforcement order, which allows High Court Enforcement Officers (HCEOs) to act with greater urgency. This is often used for high-value properties or when tenants have a history of delaying eviction proceedings.

Our Landlord and Tenant Solicitors can assist with all aspects of enforcement proceedings, from submitting the necessary court applications to ensuring the eviction is carried out legally and efficiently. By following the correct legal process, landlords can regain possession of their property while avoiding claims of unlawful eviction.

+ What are my responsibilities regarding property maintenance?

Landlords are legally required to keep rental properties safe, habitable, and in good repair. Failure to meet these obligations can result in housing disrepair claims, financial penalties, or legal action. Key responsibilities include:

• Keeping the structure and exterior of the property well maintained, including the roof, walls, windows, and doors.
• Ensuring essential utilities such as gas, electricity, heating, and water supply are safe, functional, and properly maintained.
• Addressing damp and mould issues if they result from structural defects or inadequate ventilation.
• Installing smoke alarms on every floor of the property and carbon monoxide detectors in rooms with solid fuel-burning appliances, in compliance with the Smoke and Carbon Monoxide Alarm Regulations 2015.
• Carrying out necessary repairs promptly when notified by the tenant to prevent further deterioration or potential legal claims.

Our Landlord and Tenant Solicitors provide expert guidance on landlord responsibilities, compliance, and dispute resolution, ensuring your property meets all legal standards while protecting your rights as a landlord.

+ What can I do if a tenant makes a housing disrepair claim?

Tenants can make housing disrepair claims against landlords, sometimes justifiably and sometimes unfairly. If you receive a claim, the first step is to assess whether the issue falls within your legal responsibilities under the Landlord and Tenant Act 1985, which requires landlords to maintain the structure, exterior, and essential utilities of the property.

Keeping detailed records of maintenance and repairs is essential, as evidence of timely work can help defend against false claims. If a genuine issue exists, resolving it promptly can prevent further legal action and minimise costs.

For unfounded or fraudulent claims, landlords have the right to challenge allegations and defend themselves against unfair legal action. Our Landlord and Tenant Solicitors specialise in defending landlords against housing disrepair claims, ensuring that false accusations do not lead to financial loss or reputational damage.

+ What happens if a tenant sublets my property without permission?

If a tenant sublets your property without consent, this is often a breach of the tenancy agreement, giving landlords grounds to take legal action. The first step is to review the tenancy agreement to confirm whether subletting is explicitly prohibited.

If the agreement has been breached, landlords can serve a Section 8 Notice under the Housing Act 1988, citing the violation as a legal reason to seek possession. In cases where unauthorised subletting causes damage or financial loss, landlords may also pursue a claim for compensation.

Where necessary, legal action can be taken through the courts to regain possession of the property and remove unauthorised occupants. Our Landlord and Tenant Solicitors provide expert guidance on handling illegal subletting swiftly and lawfully, ensuring landlords can enforce their rights while minimising disruption.

+ What regulations must I comply with as a landlord?

Landlords must meet a range of legal requirements to ensure their properties are safe, habitable, and compliant with UK housing laws. Failing to meet these obligations can result in fines, legal action, or restrictions on regaining possession of a property. Key regulations include:

• Deposit protection is a legal requirement under the Housing Act 2004, meaning all tenant deposits must be placed in a government-approved scheme such as the Deposit Protection Service (DPS), MyDeposits, or Tenancy Deposit Scheme (TDS) within 30 days of receipt.
• An Energy Performance Certificate (EPC) must be provided to tenants before a property can be rented out, and it must show an energy efficiency rating of at least E in accordance with the Energy Performance of Buildings Regulations 2012.
• Gas safety checks must be carried out annually by a Gas Safe registered engineer, with landlords required to provide tenants with a Gas Safety Certificate (CP12) under the Gas Safety (Installation and Use) Regulations 1998.
• Electrical safety must be maintained in all rental properties, with landlords required to obtain an Electrical Installation Condition Report (EICR) every five years to ensure all electrical installations meet the standards set out in the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020.
• HMO licensing applies to landlords renting out Houses in Multiple Occupation (HMOs), with additional legal obligations under the Housing Act 2004 covering fire safety measures, minimum room sizes, and specific local authority licensing requirements.

Keeping up with changing regulations is essential to avoid penalties. We provide expert Legal Advice for Landlords to ensure full compliance with changing regulations, helping to protect your rental business and giving you peace of mind.