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Dealing with difficult tenants can be a daunting task. Aschfords Law has extensive experience of acting for landlords and letting agents, we are experts at putting you back in control.
An expert Real Estate Solicitor and head of the Property Dispute division at Aschfords Law, Mrs Marjan Nezarati says:
“With the recent Government announcements and hold on County Court claims for possession, we have been approached by many landlords and managing agents stuck in the dilemma of not being able to get rid of tenants that are not paying their rent in an orderly manner, causing a nuisance in terms of creating work for their landlord, creating a nuisance for their neighbours and also in breach of repair covenants. The good news is that since the 30th September 2020, County Courts have opened to claims being submitted with some claims having priority for accelerated possession without the need for a hearing”
Landlords or their agents wanting to obtain possession of their property should act sooner rather than later as we are concerned at the backlog of possession court cases. Further, in cases where the relevant notices are to be issued in order to commence proceedings and claim possession, then in the current circumstances, we believe that it will likely take at least 12 months from the service of a notice, for a landlord to recover possession of a property where county court bailiffs are required.
It is therefore imperative that landlords do not waste time or delay taking steps to end assured shorthold tenancies where they wish to recover possession.
Aschfords Law has in recent weeks noted a rise in inquiries from landlords seeking to recover possession of a property still in an assured shorthold tenancy agreement, many of which had been entered into since March 2020, when the Coronavirus pandemic gripped the nation.
The majority of these situations occurred because the landlord was eager to let the property because it was, or was due to be, vacant. As a result, the landlord’s investigation into a prospective tenant was often reduced, a fact which is coming home to haunt some landlords now.
Marjan says: “We recently had a case where a tenant was able to pay rent upfront for six months at the beginning of their tenancy, along with a five week deposit. However, the tenants have resulted in antisocial behaviour leading to property damage, which has meant serving Notices to have the tenant vacated due to antisocial behaviour and public nuisance”. She cites another case in which a tenant was able to make payment of the first month’s rent and a five-week deposit, however, has been unable to make payment since, and is now suing the landlord for not being able to secure the tenancy deposit during the pandemic, as the landlord was unwell”.
Whilst it is understandable that landlords want to ensure their properties are occupied and let, it is important that they do not cause themselves problems by cutting corners or “panic-letting”. Whilst it is likely that the rental market will become more competitive over the coming months, a short-term solution to an empty property now, could lead to a bigger problem further down the line.”
The recent stay on evictions and increased notice periods meant that existing claims for possession have been sitting in a queue of paperwork until at least the last week of September, and the court’s backlog is only going to grow as landlords are now in a position to start proceedings. The courts typically deal with post on a ‘first come, first served’ basis, with the exception of urgent applications.
Consequently, if a landlord issues a possession claim now, he will likely be significantly ahead of where he would otherwise be placed if he waited for the court queue to be less a few months down the line, before starting the eviction procedures.
We are experts in:
Possession Notices
Preparation and service of a Section 8 or Section 21 notice
Dealing with any queries from tenants
Preparation and service of Notices to Quit
Court Proceedings
Preparing and issuing Court proceedings
Filing relevant documentation at Court
Dealing with Defences
Court Hearings
Attendance and representation at Court hearings
Country-wide availability
Full written report of Court hearing
Evictions
Applying to the Court for a warrant for eviction
Liaising with the Court office and bailiffs
Advice to landlords on eviction process and procedure
Contact us today for more information and the correct step forward in your property matter. We also provide legal advice and assistance in respect of Family Law, Wills & Probate, Litigation and Immigration Law. Please contact us today on +44 (0)7582932830 or visit our website www.aschfordslaw.com.