Many Landlords are finding themselves caught out by serving invalid Notices on their Tenants when wanting to regain possession of their property. As a result, they are experiencing severe delays in recovering possession of their property.
Great care should be taken when drafting and serving a Notice upon the Tenant to ensure that it will be deemed as valid in the eyes of the Court. A failure to take such care, could result in the Notice being considered invalid and a further, valid Notice having to be served upon the Tenant, providing them with the full Notice period to vacate. In most cases this provides the Tenant with a further two months to vacate the property.
Landlords are unable to issue possession proceedings in the County Court until the full Notice period has expired, hence such significant delays being experienced. The implications of this are particularly troublesome when the Tenants are failing to keep up with their rent payments or the property is in the process of being sold. Unfortunately, many prospective purchasers are reluctant to hang on for such an extended period of time and it has been known for sales to fall through as a result of such delays.
The following are common errors found in Notices and should be avoided:
- Incorrect details on the Notice - The Notice should be proofread to ensure that the names, addresses and further details are accurate.
- Insufficient Notice period being allowed - The appropriate Notice period should be given. There are strict guidelines as to notice periods and many Landlords fail to account for factors such as the date of service when calculating the date upon which the tenants can vacate.
- Failure to provide appropriate information/documentation in support - Further requirements were introduced in 1 October 2015 for tenancies which were entered into after this date. The Tenants must be provided with the necessary paperwork required for a Notice to be deemed valid.
The implications of serving an invalid Notice can be severe and it is therefore worth seeking professional assistance prior to any Notices being served. For further guidance please contact the Dispute Resolution team here at Franklins which will be able to advise you appropriately, serve an appropriate Notice on your behalf and assist with any subsequent County Court proceedings.
For further information about risk assessing your business or to discuss your strategy in resolving a dispute, please contact Sarah Canning on 01604 828282 or email Sarah.Canning@franklins-sols.co.uk.