Being involved in a dispute can be highly stressful and time-consuming. At HB 121 Solicitors in Wolverhampton, Kidderminster and Stourport-on-Severn ourteamof specialist dispute resolution solicitors and litigation solicitors are highly experienced in resolving awide rangeofcomplex disputes related to landlord and tenant claims. We help our client witheffective advice toresolve disputesto deliver efficiently.
Landlords must follow a strict procedure if they want a tenant(s) to leave their property. It is important that this procedure is followed as landlords may be guilty of harassment or illegally evicting tenants. The below guide will explain the correct procedure and rights for landlords and tenants.
By the date a tenancy agreement starts landlords are required to provide that following document. If these documents aren’t provided this can prevent a landlord from evictinga tenant.
Landlords must follow a set procedure if tenants have an assured shorthold tenancy. A large number of tenants will have an assured shorthold tenancy that can be defined by 2 types.
‘Periodic’ tenancies
These tenancies have no end date and run weekly or monthly.
Fixed term tenancies
These tenancies run for a set amount of time.
When a landlord wants a tenant to leave their property the first thing a landlord must do is serve a section 21 or section 8 notice. If the tenants do not vacate the property a possession order can be made and issued by a judge and if a landlord does not want to claim rent arrears an accelerated possession order can be made. If a Tenant still doesn’t vacate the property a landlord can apply for a warrant for possession whereby bailiffs can remove tenants for your property.
A section 21 notice can be used to evict both forms of assured shorthold tenancy with 2 months’ notice.Under this section a tenant would not be evicted due to the fault of the tenant but due to the contracted period agreed has passed. Under Section 21 of The Housing Act 1998 it states:
A section 8 can be used to evict a Tennant for a specific reasonbreach of tenancyagreement, for example rent arrears. A landlord must give 2 months’ notice but this can be shorter in certain circumstance for example anti-social behaviour.
When a section 8 is made landlords and tenants may not be amicable. It is advised a landlord speak to their tenants at first instance to resolve and disputes however in some situations this may b=not be possible.
If tenants do not leave the property by the specified date a landlord can apply to the court for a possession order.
A landlord can use a possession claim for a Standard possession order if they would like rent arrears paid to them. If a tenant has not left the property by the date specified on a section 21 and does not want to claim rent arears an accelerated passion order can be claims that is faster and doesn’t involve court hearing like a standard possession order will.
Possession orders approved by the court are then sent to the tenant where they have 14 days to challenge this. A court may give up to 6 weeks to a tenant to leave the property.
If tenants continue to stay in the property after a date given possession order the courts will issue a ‘Warrant for possession’. The tenants will be sent an eviction notice where if they do not leave by this date a bailiff can evict the tenants. This can be suspended if the tenant the tenant agrees to make payments again or the tenants’ circumstances have changed.
HB 121 Solicitors are experienced in dealing with litigation matters for tenants and landlords. Our offices are open 9.00am -5.00pm Monday-Friday in Wolverhampton, Kidderminster and Stourport-on-Severn.
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Contact our Dispute Resolution Solicitors and Litigation Solicitors in Wolverhampton, Kidderminster and Stourport-on-Severn at hb@hb121solicitors.co.uk or kr@hb121solicitors.co.uk. call us on 01562 702655.
