The landlord and tenant relationship can be difficult. And, as a landlord it is highly likely that at somepoint you’ll have reason to take one of your tenants to civil or criminal court. This may be for a number of reasons, the most comming being a breach of the lease or damage caused to your property.
Usually, you’ll find yourself at this point following attempted mediation or arbitration, and unsuccessful negotiation. If you have exhausted all other avenues then the court is now your last chance to secure compensation owing for the breach of lease or damages incurred.
TM Law Solicitor Terry Maylin outlines the key steps landlords must get right to achieve a successful outcome. He says:
“In order to succesfully recover your property it is first necessary to determine the status of the tenancy. For example, if your agreement is mid-term, fixed-term, at an end and now within a statutory period tenancy.
Once the status has been determined then you need to decide if you have ‘fault grounds’ to enable an S.8 Notice to be served. Or, if there are no grounds then a decision should be taken to serve an S.21 Notice.
- Once the notice has been served (this must be served in a valid way in accordance with the tenancy agreement)
- The notice period has expired
- And the tenant is still in the property
Then…you may commence possession proceeding.
The type of proceedings depends on the notice that has been served. Additionally, your solicitor may recommend you choose to issue proceedings that can be dealt with on paper, without the need to visit court for a hearing.
If a court hearing is fixed then you will need to submit evidence. This will include detail of the arrears owed, and other grounds for fault you have cited. You may then use the hearing as an opportunity to request the court propvide a posession order.
If the Judge finds your paperwork, evidence and witness statement acceptable you may then be granted an order for posession.
Your tenant is then given a final date to leave the property. If this date passes and they remain as occupiers, then you must instruct the court baliff to attend and remove them.
As well as obtaining an order for posession it is also possible to ask the court to order the tenant to pay any arrears that have accrued.
In addition, along the way it is possible to add any court fees, and baliff charges to amount the tenant will be ordered to pay”.
For more helpful information on enforcing a court judgement read our recent blog >>
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About TM Law – Specialist landlord and tenant solicitor
Based in Wickford, Essex, TM Law is a small and dedicated solicitors. With many years’ experience, helping businesses and local individuals with matters of tenancy agreements, Wills and Lasting Power of Attorney, compromise agreements, employment disputes, debt collection, commercial disputes and much more.
As a specialist landlord and tenant solicitors, TM Laws’ knowledge of tenancy agreements, section 8 and section 21 notices, issuance of possession proceedings and rent recovery proceedings is second to none, and their approach is proven to achieve maximum recovery for minimum outlay on behalf of local landlords.
For a personal service, practical advice, quick tenant eviction and recovery of your rent arrears contact us today. We offer a fair, fixed fee service and we’re always happy to help.
