On 5 June 2020, the Housing Secretary announced plans to extend the current stay on possession proceedings until 23 August 2020. This means that renters across England and Wales will now be afforded greater protection from eviction with the moratorium...
Legal advice for residential landlords
Our fixed-fee packages provide clear, up-front pricing to allow landlords of all sizes to manage properties cost-effectively, backed by the support of our full partner-led commercial litigation and commercial property teams.
Stephensons advises social housing landlords, private landlords, portfolio investors, agents and property managers on their landlord and tenant responsibilities, including:
- Advice on rent deposits
- Defending housing disrepair claims
- Landlord’s responsibilities
- Possession proceedings and eviction of tenants
- Preparation of tenancy agreements, guarantees and licences
- Rent recovery
Residential landlord - FAQs
How can I regain possession of my property?
This will depend on what type of tenant they are. Dependant upon the above, the correct notice in accordance with their tenancy agreement will need to be drafted and served.
Once the notice has been correctly served and the relevant time period expired, if the tenants remain in the property, a claim form for possession will need to be issued, and a court order for possession obtained to lawfully remove any tenants.
If they still remain after the expiry of the date for possession on the court order a Warrant for Eviction will need to be applied for and a bailiff instructed to lawfully remove the tenants.
How quickly can I regain possession of my property?
This again will depend on the type of tenancy agreement they hold and the reason for ending the tenancy, there are different rules, notices and notice periods according to the tenancy circumstances.
How much will it cost to remove my tenants?
Stephensons offers a bespoke fixed fee package tailored to suit individual needs.
Can I just change the locks?
No. To lawfully remove a tenant a court order for possession needs to be obtained and the date for possession expired before applying for a warrant for eviction. If granted a bailiff from the court will then attend the property and lawfully remove the tenant.
Do I have to pay for the property to be repaired?
This depends upon the repairs required. Generally speaking, as a landlord you are responsible for repairs to the structure and exterior of the property, sinks, baths and sanitary installations within the property. You are also responsible for boilers and heating within the property. It is wise to inspect the property and ensure any repairs are carried out promptly.
Can I claim back the outstanding rent arrears and obtain possession?
Yes, by applying for possession on the grounds of breach of tenancy you can ask the court to make an order for possession together with requesting judgment be awarded in your favour for the outstanding arrears.
"During my time at Cunliffe Lettings I have contacted your commercial litigation team on a number of occasions and every time I have contacted them they have been most helpful. They always return my calls, and are always very patient and explain any query I have in detail. I would like to take this opportunity to tell you what a fantastic team you have and how much I appreciate all their help and hard work." - Gemma Cooper - Lettings Manager, Cunliffe Lettings