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If you are a landlord and suffer difficulties with a tenant, you need to act quickly to avoid the risk of ever increasing arrears and possible damage to your property. If you take a wrong step you may be held liable for harassment or worse still, illegal eviction. Few people realise that these are criminal offences and could lead to up to 5 years imprisonment.
If your tenant has rent arrears, has damaged your property or caused nuisance you can seek possession under the provisions of Section 8 of the Housing Act 1988. However, most residential lettings are based upon ‘Assured Shorthold’ tenancy agreements with a minimum fixed term of 6 months. If this period has passed, or is due to expire, possession is granted as of right on serving the correct Section 21 notice - there is no need to prove fault on the part of the tenant. This is often the easiest way of securing the return of your property.
Some landlords do and end up in difficulties. Landlord & Tenant law is complex and highly technical. An error in procedure or service of a wrong form, or with an incorrect deadline date could render possession proceedings defective. This can lead to delays and the risk of facing your tenant’s legal costs. Worse still, you could face a claim for illegal eviction. We have lawyers who are landlords too. As such they are uniquely positioned to understand your problems and provide advice as to the best and most practical solution.
Our Landlord & Tenant experts will be able to give you advice as to the best course of action. To make an appointment please call us on 01422 430211. Alternatively, you can make an appointment by calling into our offices on Market Street in Halifax.
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