At QualitySolicitors Oliver & Co we provide a full range of services in connection with commercial and residential Landlord and Tenant disputes. As a Landlord you will want fast and cost effective advice on what to do if your Tenant falls behind with rent, fails to undertake repairs or otherwise breaks the terms of his lease.

We will assess the range of enforcement options available to you and recommend the most appropriate action for your particular situation. We understand the need to resolve any dispute quickly and efficiently, in order to reach the appropriate solution with the least overall cost.

Our specialist dispute resolution lawyers advise and assist both Landlords and Tenants in all property related disputes including dilapidation, disrepair, breach of covenant, forfeiture and lease renewal.

Residential Landlord and Tenant Disputes

At QualitySolicitors Oliver & Co. we have considerable experience in dealing with Residential Landlord and Tenant disputes. However thoroughly a Landlord vets a Tenant at the outset of the relationship, it is inevitable that from time to time Landlords will experience difficulties with Tenants who are failing to pay their rent, causing damage to the property, refusing to leave the property at the end of a tenancy or creating a nuisance.

We advise Landlords in respect of a range of disputes from serving the appropriate notices and issuing proceedings to gaining possession of their property. Our Debt Recovery team will also pursue residential tenants in respect of rent arrears following possession proceedings.

Tenancy Agreements

A Tenancy Agreement is a legal contract entered into between a Landlord and a Tenant which contains both express and implied terms. ‘Express terms’ are written into the Tenancy Agreement and ‘implied terms’ are rights created by law and implied into the Tenancy Agreement.

It is very important for Landlords to regularly update their Tenancy Agreements, as using an invalid or out of date agreement can have significant adverse consequences for Landlords. For example, it may be difficult to evict a Tenant if the Agreement is out of date resulting in the correct procedure not being followed. At QualitySolicitors Oliver & Co. we can review your Tenancy Agreements to ensure that they contain all the relevant provisions to protect you as a Landlord should a dispute arise.
If a Landlord wants a Tenant to leave the property there are legal procedures in place that the Landlord must follow even if the Tenant, for example, owes the Landlord rent.

Assured Shorthold Tenancies / Section 21 Notice

During the first 6 months of an Assured Shorthold Tenancy a Landlord is not able to obtain possession of a property. For periods exceeding 6 months, before starting proceedings to obtain possession, a Landlord must serve a “Section 21 Notice” which is a termination notice under section 21 of the Housing Act 1988.

This Notice must be served in writing at least 2 months before possession is required. It must, therefore, be served on the Tenant after the Tenancy has commenced but 2 months before the date of possession is required. If the Notice has been correctly served during the fixed term but the Tenant will not leave the property, the Landlord may start possession proceedings immediately without having to serve any further notices.

A Section 21 Notice relates to recovering possession of a property under an Assured Shorthold Tenancy at the end of its term. However, in other circumstances, a “Section 8 Notice” can be used by the Landlord.

Section 8 Notices

In respect of an Assured Shorthold Tenancy, in order to start possession proceedings before the fixed term has come to an end, due a breach of the contract by the Tenant, the Landlord will need to serve a Section 8 Notice of his intention to seek possession, based on one or more of the legal grounds for possession under the Housing Act 1988.

The Notice must be made in the prescribed form. Some of the grounds for possession are mandatory which means that if a Landlord can prove one or more of these then the Court has no option but to award possession. The other grounds are discretionary and therefore possession will only be awarded if the Court considers it reasonable to do so.

For certain grounds Notice of at least two months must be given while for the remainder only 2 weeks’ Notice is required. If there is more than one Tenant the Notice should be addressed to all Tenants jointly and should specify the date when the Notice expires.

Protected Tenants under the Rent Act 1977

These are Tenancies which were granted prior to 15 January 1989 and are “protected”. A Landlord must serve a valid Notice to Quit in the prescribed form in order to regain possession and prove one or more of the grounds for possession as set out in the Rent Act 1977. The Notice must give a minimum of four weeks’ notice if the Tenancy is periodic and must also contain prescribed information about the Tenant’s rights.

Statutory Tenants under the Rent Act 1977

If a Protected Tenancy is terminated by a Notice to Quit or expires, the Protected Tenant becomes a Statutory Tenant. Until the Landlord obtains a Court order under the Act the Tenant has the right to remain in the property on the same terms as before.
Once Notice has been completed in the correct form it must also be correctly served upon the Tenant and at QualitySolicitors Oliver & Co. we can ensure that all these steps are properly taken.

Court Proceedings

Court proceedings are started by the Landlord in the County Court for the district in which the specific property is located. A Landlord can, however, use the accelerated possession procedure which awards the Landlord possession without the need for a Court hearing where the Landlord has provided a mandatory ground for possession. A mandatory ground for possession can only be used if certain conditions have been satisfied.

Once the Section 8 Notice has expired a Landlord has to complete:

• Form N5 (summons for possession of a property); and
• Form N119 (particulars of claim for possession in cases of non payment of rent).

The relevant forms are then sent to the Court with the appropriate fee.

The Court will then:

• prepare a Notice of Issue which will include the case number and a hearing date;
• and will serve the summons and other documents on the Tenant.

The Tenant then has 14 days to reply.

The Landlord and Tenant will then attend the Court hearing and the Landlord will be asked to present the evidence to prove his claim for possession before the Tenant makes representations.

Possession Orders

Absolute Order for Possession

Where a Landlord proves a mandatory ground for possession an Absolute Order for Possession will be made and the Tenant must vacate the property on the date specified. The only discretion the Court has is to postpone the date to vacate the property for up to 42 days and this is only if the Tenant can prove exceptional hardship.

Suspended Order for Possession

A Suspended Order for Possession is often made in rent arrears cases and when a Landlord can only prove a discretionary ground for possession. Before the Court makes an Order for Possession, this can be suspended by it if the Tenant meets certain conditions. If the Tenant defaults on the conditions, then the Landlord can apply to the Court for the Order to be made absolute or for a Warrant of Possession to be issued.

In circumstances where a Landlord is only relying upon a discretionary ground rather than a mandatory ground for possession, the Court may decide that the Tenant has not committed a serious breach of the Tenancy Agreement and they will not grant an Order for Possession. The Court can adjourn the hearing either indefinitely or to a later date. However, this is subject to terms and conditions. Additionally, the Court can dismiss the proceedings if the Landlord fails in his claim for possession.
It is, therefore, extremely important for a Landlord to obtain specialist legal advice from the outset as to whether there is a sufficiently strong case in the particular circumstances to justify an Order for Possession.

Enforcement of Possession Orders

Once the Landlord has obtained an Absolute Order for Possession and if the Tenant fails to vacate by the date specified, then the Landlord will have to apply to the Court for a Warrant of Possession. This must be done through the Court Bailiff and amounts to an instruction to the Bailiff to evict the Tenant.