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.