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The management of residential property requires specialist knowledge in order to navigate legislation which protects the investments of landlords. Stephensons benefits from a dedicated landlord team, delivering strategic advice to efficiently manage the letting process from the outset, from advice on tenancy agreements and rent deposits to guarantees, extensions, termination and possession. For residential landlord legal advice that’s tailored to your business, call our team on 01616 966 229.
As a firm, we take the time to get to know you and to understand your business, helping us to identify potential issues much earlier and minimise your risk. We focus on the resolution of disputes, with commercial understanding of the importance of your tenant relationships.
For commercial legal advice please speak to our team of landlord solicitors.
How can our residential landlord solicitors help?
Landlord solicitors offer expert advice and assistance to landlords with matters such as drafting and reviewing tenancy agreements, evicting tenants and written statements for occupation contracts.
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:
At Stephensons we are able to assist landlords with a wide range of legal services across a number of our teams, including:
To rent a property legally, landlords must have a written tenancy agreement in place, which outlines the terms and conditions. They also need to provide an Energy Performance Certificate, which rates the property's energy efficiency with a minimum rating of E, and a gas safety certificate that is obtained prior to the commencement of the tenancy agreement if there's gas in the property. Additionally, landlords must check the tenant’s right to rent in the UK and retain proof of that check. It is also crucial to ensure the property is safe, with basic facilities in good condition, and that it’s fit for habitation.
The fastest route is usually using a Section 21 notice, this allows landlords to reclaim their property without giving a reason, as long as they follow the correct legal procedure. A Section 21 notice requires at least 2 months’ notice to the tenant.
If there are rent arrears (this is the most common reason), a Section 8 notice can be used, and it only requires a 2 week notice period. However, this route typically takes longer because it requires a court hearing, and hearing dates depend on the court’s availability.
The easiest way to evict a tenant is by issuing a Section 21 notice for a no-fault eviction, particularly if the tenant is on a rolling or periodic tenancy. Once the notice is given, if the tenant doesn’t leave, landlords can apply for a possession order from the court. This is the most straightforward route, as it doesn't require proving fault on the tenant’s part. However, to rely on a Section 21 notice, a landlord must have complied with specific requirements – if they have not, this may delay the process or ultimately mean, they cannot seek possession using this route.
Notice: First, you must serve the tenant with a written notice (either Section 21 or Section 8) to end the tenancy and to confirm your intention to initiate possession proceedings.
Proceedings: If the tenant doesn’t vacate in accordance with the notice served, the next step is to apply to the court for a possession order. This is done through a legal application, where the court may grant a date for the tenant to leave.
Bailiff: If the tenant refuses to leave after the court order, a bailiff will be instructed to enforce the eviction and physically remove the tenant and all other occupiers from the property.
The landlord’s usual responsibilities include maintaining the structure and exterior of the property, ensuring safety features like smoke alarms are working, and carrying out repairs when needed. Tenants must pay rent on time and take reasonable care of the property. They should avoid causing damage and are also responsible for minor repairs, such as changing light bulbs, unless stated otherwise in the tenancy agreement. Tenants must also be proactive and promptly report to their landlord any work that is required at the property. Once required work is reported, landlords are required to inspect and carry out any work as soon as reasonably possible. Tenants must allow access for work to be carried out at the property as and when this is required.
A landlord can increase rent either at the end of a fixed-term agreement or during a periodic tenancy. To do so, they must give at least 1 month's written notice. The landlord should use a Section 13 notice (Form 4) to propose the rent increase. To ensure it's valid, landlords should carefully follow the Government’s guidelines when completing the notice. When setting the new rent, it’s important that the increase reflects market value and is reasonable, in line with current rental rates for similar properties in the area. Landlords should avoid increases that could be seen as unfair or excessive under the terms of the tenancy or versus other similar properties in the area.
Yes, landlords can still seek possession even if the tenant has nowhere to go. The tenant's alternative accommodation isn’t a factor in the eviction process, but it is always a good idea to try to help tenants where possible. As long as the landlord follows the proper legal process (with appropriate notice periods), they are entitled to repossess the property.
Yes, a landlord can seek possession if they intend to sell the property. However, they must give the tenant proper notice. If the tenant has a fixed-term agreement, they are entitled to stay until the end of the term regardless of what the landlord’s intentions are, unless both parties agree to terminate the tenancy early by way of Deed of Surrender.
Landlords are obligated to protect a tenant's deposit by registering it with an authorised Government tenancy deposit protection scheme within 30 days of receiving the payment. In addition to this requirement, landlords must also provide the tenant with the prescribed information relating to the deposit, within the same 30-day period. Each deposit scheme offers a specific template for the prescribed information, which landlords must complete and serve on the tenant.
Landlords must adhere to a range of legal requirements to serve a valid notice seeking possession. Various documents must be properly prepared and served before the notice itself can be issued. It is considered best practice for landlords to serve these documents in hard copy, either via first class post or by hand delivery, unless the tenancy agreement explicitly permits service by email. Any documents served on a tenant should be accompanied by dated covering letters, clearly indicating what is being served and the date of service, in order to provide evidence of compliance with legal obligations.
The Renters' Rights Bill is set to introduce key changes, such as making tenancy agreements more secure. It aims to ban no-fault evictions, meaning landlords will need a valid reason to end a tenancy. It may also impose rent controls and set caps on how much rent can increase. Furthermore, landlords will likely have stricter obligations regarding property maintenance, while tenants will have more security and control over their living conditions. Changes are still in development, but it’s important for landlords to stay updated.
"Fast, efficient service, clear billing, pragmatic and balanced advice. I recommend Stephensons." - View from a satisfied client
"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
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The importance of the initial gas safety certificate in possession claims
A recent court judgment, in the case of Murphy v Maguire, surrounded the issue of whether the failure to obtain a gas safety certificate covering the commencement of the first tenancy agreement permanently invalidates any section 21 claim. The judge, his...
The long anticipated Renters’ Rights Act is now law, and major changes are coming soon. To help you prepare, here’s a clear breakdown of when the reforms are suspected to be implemented and what obligations you’ll need to meet. When does...
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