Landlords

At Qazi and Co Solicitors limited, our experienced housing solicitors can advise and assist private landlords in understanding legal requirements of letting their properties to tenants and appropriate legal procedures to evict tenants if there is a breach of the terms of the tenancy agreement.

If the tenancy is periodic or if the fixed term has come to an end, landlords can evict quickly, there is no need for a landlord to give a reason to the Court. However, they must show that an assured shorthold tenancy was in place and that the correct notice has been served. A landlord may wish to evict a tenant during a fixed term, but they must have a valid reason to do so. The most common reason is rent arrears, but others may include but not limited to:-

• The tenant frequently pays rent late
• The renter has harmed the properties condition
• The tenant has created annoyance
• The tenant has violated the conditions of the tenancy, such as subletting
• Repossession of the property is underway.

Communication can assist resolve the issue before it is taken any further when tenants default on their rent for reasons that are sometimes beyond their control. Our skilled housing solicitors can confidently start discussions with your tenants to resolve the issue without the need for additional litigation. Landlords are forced to take action when renters are in arrears and fail to communicate properly. A landlord must first inform a tenant in writing of their intention to evict them.

STEP ONE

Serving notice in Section 8 proceedings:

When the tenant violates one or more terms of the rental agreement, a Section 8 notice—a notice seeking possession—is given to them. All three rent-related reasons are included in the section 8 notice if a tenant has at least two months worth of arrears at the time the notice is delivered (8, 10 & 11). When the section 8 notice expires, legal action is necessary if the renter has not either paid the arrears and/or vacated the premises.

STEP TWO

Court hearing and its significance:

This claim is for possession due to unpaid rent (Section 8), and a judge will preside over the court proceeding. The landlord must appear in person at the hearing or designate a representative to do so on their behalf. At the hearing, the landlord or agent must be well informed about the tenancy and have all necessary documentation at hand, including the leasing/tenancy agreement and a current schedule of arrears.

It is unlikely that a landlord would get a possession order if the tenant pays the arrears before the hearing date. If the claim is upheld, the judge will often issue a 14-day possession order, which gives the tenant 14 days to leave after the hearing. The landlord will be forced to employ a bailiff to carry out the eviction if the tenant refuses to leave. Additionally, a judgment for the unpaid rent may be issued, at which time the landlord is also entitled to interest and legal fees.

Call us on 0203 161 5450 or fill out our online appointment form to talk about your property issue and receive thorough advice.

Exceptions

If the renter brings the arrears down to less than two months. If reasons 10 and 11 are included in the Section 8 notice, the judge may impose a postponed possession order, which would grant the landlord a possession order. The tenant is still allowed to remain as long as they continue to make on-time rent payments each week or month and take care of any arrears by a mutually agreed-upon, acceptable deadline. If the tenant does not follow the order, the landlord may request a bailiff to carry out the warrant of possession

Serving Notice – Section 21 proceedings

When the landlord requests ownership of the property, a section 21 notice is utilized. There is no need for a tenancy agreement violation, and the landlord is not required to provide a justification for seeking to take control of the property.

Some tenants approach their neighbourhood housing office for housing help utilizing a Section 21 Possession Order. In this situation, local authorities often advise renters to stay in the home until a Possession Order has been approved and bailiffs have been assigned to remove the tenant.

Call our office on 0203 161 5450 or fill out our online appointment form for more information.

STEP THREE

Eviction – County Court Bailiff

A County Court bailiff must be appointed to carry out the ultimate step, eviction, if a tenant does not move on or before the expiration of the Possession Order, which is typically 2–6 weeks. Only a bailiff appointed by the County Court may execute the eviction.

Private landlords can receive fixed-fee assistance from skilled housing experts. To discuss your eviction situation, please contact us by phone on 0203 161 5450 or by completing our online form.

advice@qazisolicitors.com

Landlords

Landlords

STEP ONE

STEP TWO

Exceptions

Serving Notice – Section 21 proceedings

STEP THREE

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