The Service Provided
With house prices being what they are together with the lack of affordable housing and high mortgage interest rates, more and more people are looking to the rented sector for their principal residence.
This has meant that the landlord and tenant relationship is more prevalent than ever. Whilst there are undoubtedly many examples of good relationships between the two parties, there are inevitably instances where there is a relationship breakdown. This can occur where the tenant fails to pay the rent or is persistently late in doing so, or there is a breach of some other term of the tenancy agreement.
Where the tenant fails to pay this can have a devastating and costly affect on the landlord. We aim to help the landlord remove those tenants quickly and without further financial loss.
Where a landlord requires possession of their property the service is divided into four stages which have a fixed fee.
STAGE ONE
A letter before action could be sent to the tenant. This is suitable if payments are generally up to date but sporadic or late and there are arrears or a term of the tenancy has been breached.
In circumstances where the landlord may not want to start proceedings or evict a tenant, a strongly worded letter before action from a solicitor should be enough to concentrate their minds and put things back in order.
Upon receipt of instructions, the letter would be sent to the tenant within 24 hours demanding payment of the unpaid rent and/or to adhere to the terms of the tenancy agreement within a specified period of time.
STAGE TWO
If the tenant ignores the letter before action and fails to comply with the terms of the tenancy agreement within the time limit specified in the letter, a Notice would have to be served.
There are two types of Notices that can be served:-
1. Section 8 Notice
This Notice, which operates under Section 8 of the Housing Act 1988, is essential if the tenant is to be evicted because of non payment of rent, or for nuisance or for breaching a covenant in the tenancy agreement.
This Notice would be served by recorded delivery and it would give the tenant 14 days to pay the arrears and/or comply with the covenants of the tenancy agreement or leave.
2. Section 21 Notice
This Notice, which operates under Section 21 of the Housing Act 1988, terminates the Assured Shorthold Tenancy Agreement by giving the tenant at least two months notice that the landlord requires the property back.
Please note that a landlord cannot obtain an eviction using this Notice during the fixed term of the tenancy.
Please also note that a Section 21 Notice is not applicable for rent arrears.
This Notice should usually have been served by the landlord or the letting agent at the beginning of the tenancy as this would have advised the tenant that possession is required at the end of the term of the tenancy. If a valid Section 21 Notice was given at the beginning of the tenancy then possession proceedings can begin.
Accelerated Possession Procedure
This procedure only applies to claims to recover possession against an assured shorthold tenant when the fixed period of the tenancy has come to an end.
The assured shorthold tenancy must have been entered into on or after 15th January 1989. The claim must be for just possession (i.e. not rent arrears). There must be a written tenancy agreement in existance and a Section 21 Notice requiring possession must have been served on the tenant, giving 2 months notice, which expired before the application was made to the Court.
A Claim Form under the Accelerated Possession Procedure would be filed at the County Court. The tenant must file a defence within 14 days of receiving the Court documents. If the tenant fails to file a defence within this period, the landlord can request that the possession order be made.
There will not usually be a Court hearing on an application under the accelerated possession procedure, unless the Court is not satisfied that all matters have been complied with or if the tenant asks for a postponement of possession on the grounds of exceptional hardship.
A possession order will usually take affect immediately, unless the Court is satisfied the tenant has made out a case for exceptional hardship, in which case possession can be delayed for up to 6 weeks.
STAGE THREE
Should the tenant still not comply with the Notice and within 48 hours of the expiry of the Notice, Court proceedings would be prepared and issued. The County Court will set a hearing date. The landlord will be represented at the hearing where their case would be presented before a Judge. The Court will usually grant an Order for Possession for the property in favour of the landlord which will include an Order for the debt and costs to be paid by the tenant. The tenant would be given a date to leave the property.
Please note that the fixed fee is limited to one Court appearance. If the case is adjourned, a further fee would be required.
STAGE FOUR
If the tenant should not comply with the Court Order and fails to leave the property, then an application would then have to be made to the Court for a Warrant of Execution in order for an eviction to take place. Once granted the Court Bailiff would attend the property to physically evict the tenant and return the property to the landlord’s possession. At this stage it is recommended that the landlord employ the services of a locksmith to attend the property with the Court Bailiff so that the locks could be changed.
Warrants of Execution
Once a County Court has granted a Possession Order a landlord must apply for a Warrant of Execution in order to enforce that order. This will involve completing a Warrant of Execution form and paying a Court fee.
The Court bailiffs will then go to the property to evict the tenant.