Residential Landlord & Tenant Possession Actions
There are a number of potential pitfalls which affect what many perceive should be a straight forward exercise in recovering possession of a property owned by them.
Legislation and case law imposes strict rules as to the form of notices requiring possession of residential property, along with the method and timing of the service of notices. Many mistakes are made in the drafting and service of these notices and extreme care is needed to avoid an application being dismissed at the hearing on a technicality.
There are also strict rules which landlords need to comply with if they are accepting payment of a deposit from a tenant. These rules changed in 2011 and it is crucial those dealing with deposits are aware of the changes. A failure to comply with the legislation in this area can make it extremely difficult for the landlord to reclaim possession following the end of a tenancy. It is also possible for the landlord to suffer financial penalties if these rules are not complied with.
Legislation also impacts on how houses in multiple occupation are defined and licensed. Again, a failure to license could result in an application for possession against one of the tenants being refused.
The law relating to residential possession claims is extremely complex but we deal with such claims on a regular basis in relation to all types of residential tenancies. Please call a member of our team to discuss.
- New Rules for Evicting Tenants From 1 October 2015, landlords can end an assured shorthold tenancy by serving notice, without having to show any fault on the part of the tenant, under section 28 of the Housing Act 1988. Robert Twining outlines the changes and warns of new traps for unwary landlords.
- What to do if your tenant fails to remove its property following expiry/termination of lease In circumstances where your tenant vacates, whether by way of an agreed surrender or following a possession order being granted, the case of Campbell v Redstone Mortgages Ltd  EWHC 3081 has provided some clarification as to how you should deal with any property your tenant leaves behind.
- Commercial rent arrears recovery (CRAR) Despite coming into force in April this year, there are still some commercial landlords that aren’t aware of the changes relating to the recovery of rent arrears from their tenants...