Last May we wrote about the challenges landlords were facing because of changes in Residential Landlord and Tennant law and restrictions brought in as a response to the Covid-19 pandemic.
As things stood in England, a residential landlord could serve notice to a tenant, court action could proceed, and a possession order could be issued. However, eviction remained on hold (except in certain instances).
Today, all previously introduced restrictions have been lifted and, with TM Law’s extensive experience in residential landlord and tenant issues, we are naturally seeing an increase in enquiries from clients.
However, one thing that has become very clear to TM Law is that many of those contacting us have frequently misunderstood or been unaware of rule changes that have occurred over the last year or so with regards to landlord and tenant matters. This is particularly the case when it comes to the notice period and actions required to ensure you are successful when seeking to regain possession of your property.
This is not surprising though, as it is something which has become increasingly technical. For instance, a Section 21 possession notice can only be validly served if the tenant has been previously given various items such as a “How To Rent” guide, a valid energy performance certificate (EPC), and gas safety and electric safety certificates, as well as the deposit being properly registered. The correct process then needs to be followed and notice periods adhered to. There is no margin for error in any of this and there is also no ability to “put things right” after the event.
Simply put, if one aspect is not done correctly then the court will dismiss possession proceedings if they have commenced, and refuse to issue them if they have not. As a result, landlords who have chosen to navigate this technical minefield themselves are frequently finding they spend time and money attempting to regain possession, only for their action to be dismissed, sometimes on a minor technicality.
Fortunately, Terry Maylin at TM Law understands the processes, procedures, technicalities, and timescales involved in regaining possession of a property and has been helping clients do this for more than 20 years.
Whilst restrictions may have been removed, the complexity of regaining possession of a residential property has not. If you would like advice, assistance or more information about how TM Law can help you, please give Terry a call on 01702 568220 or email him at info@tm-law.co.uk
TM Law Ltd is a member of the Solicitors Regulation Authority, the regulatory body for solicitors in England and Wales.
