Buy-to-let landlords need assurance that their property is earning money for the maximum amount of time. A bad tenant who fails to pay the rent or fails to look after the property needs to be removed as soon as possible so the landlord can start earning money again from their investment.
Landlord and Tenant Solicitors
- Sarah Canning
Here at Franklins, our dedicated team of property management solicitors appreciate the impact a bad tenant can have on your property investment. That’s why we aim to be available to our clients when they need us the most; assisting with any property related legal issues that arise along the way. From unpaid rent to anti-social tenants, trespassing to vandalism, our solicitors are here to ensure that your commercial interests are protected at all times. With a proven track record for effective dispute resolution, you can rely in us to achieve your desired outcome promptly and efficiently with minimal stress, time and costs.
Landlords frequently come to us for guidance and assistance regarding tenancies, and the specialist advice we provide is always clear, jargon-free and tailored to your individual needs. In order to best advise you, our landlord and tenant solicitors will take the time to gain a full understanding of your situation and visit your property if need be.
Service Charge and Ground Rent Collection
Overdue monies can have a detrimental impact upon the performance of landlord obligations to provide services pursuant to the terms of residential leases and, in the current economic climate, credit control and the recovery of arrears of service charges and ground rents are becoming an increasingly important consideration for residential managing agents and their clients.
At Franklins Solicitors LLP, our landlord and tenant solicitors have fast growing expertise and recognition for providing services to residential managing agents to recover services charge and ground rent arrears. By way of example, in a 12 month period we recovered over £150,000 in arrears alone for one member of the Association of Residential Managing Agents. Typically there is no charge to managing agents because, in the majority of cases, legal costs are paid by the late paying debtor leaseholders or their bank or building society.
Our services include the recovery of arrears of residential services charges, ground rent allowable administration charges and costs. Initially, we issue pre-action demands to the late paying debtor leaseholders, together with their bank or building society. If this does not secure recovery, then we commence court proceedings to obtain judgment so that the relevant bank or building society will make a payment to settle the arrears and costs on behalf of its mortgage account holder.
In order to provide the best service we can, our landlord and tenant solicitors utilise a tailored case management system to ensure speed of service delivery. In addition, minimal information is required to commence recovery action, with copy invoices or statements of account usually sufficing.
You can start the eviction process if the tenant owes at least 2 months rent.
We will serve a Section 8 Notice on your tenant which requires the tenant to pay all arrears in 14 days or you will proceed to repossess your property.
If there is no response from your tenant we would move to Step 2 (please note the notice period must have expired before we can move to Step 2). We will notify you of when this expiry date is.
If you require possession of your property after the fixed term of your tenancy agreement has expired, or you wish to give your tenant notice that you require possession at the end of the fixed period, we can serve a Section 21 notice on your tenant.
This will provide your tenant with notice that:
On the expiry of the fixed term they will be required to vacate your property;
Or, where your tenancy is no longer within the fixed period will provide your tenant with 2 months’ notice to vacate the property.
If there is no response from your tenant after the notice period has expired we would move to Step 2.
Getting a Court Order to Evict your Tenant
You must have completed Step 1
The tenant must have remained in the property and/or
The tenant must have failed to pay the arrears of rent
If these conditions apply and you want to proceed to evict your tenant we will need the following from you:-
Copy of the current Assured Shorthold Tenancy Agreement
Schedule of Arrears
Copy of the Tenancy Deposit Scheme Certificate
And if we have not served the Section 8 Notice (Step 1)
a copy of your Section 8 Notice
a completed instruction form from the downloads section, within the news and resources menu at the top of the screen.
Once we have all the above from you, we will issue eviction proceedings at Court and we will then advise you of the Court hearing date (which will probably be in the following 4 to 6 weeks).
We will also arrange for one of our lawyers to attend Court with you at the hearing.
The application to the Court will be for possession of your property and judgement to award you payment of the arrears of rent and such fixed costs as are allowable.
If you do not attend the hearing we will notify you of the outcome and send you a copy of the court order.
If you have served a Section 21 notice, there are no rent arrears to collect and your tenancy meets the required criteria, you may obtain a possession order using the Accelerated Procedure. The Accelerated Procedure usually requires no hearing. If you would like to discuss whether your claim is suitable to proceed through the Accelerated Procedure please contact us on 01604 828270.
If despite all action taken so far the tenant is still obstinately refusing to move we can take the final steps to force an eviction.
Once we have received a payment we will issue a Warrant of Possession through the Court and inform you of the date of eviction by the County Court Bailiff.
You will need to be present together with a locksmith to secure your property after the eviction.
you are currently experiencing problems with a tenant, please get in touch with our property management solicitors today by contact form or phone on 01604 828270.