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Landlord Advice

The Contractual Nature of the Landlord Tenant Relationship

As a tenancy is a contractual relationship, it is governed by a plethora of common law and statutory rules. Landlords acting unilaterally are prone to misinterpret their legal rights and obligations. Thus, in order to properly deal with a problem tenant, a competent solicitor should be instructed. Bartlett’s are experts in landlord advice and resolving disputes in this field.

The starting point is that non-payment of rent by a tenant will constitute a breach of covenant, entitling you to 'forfeit' the lease. Yet the forfeiture clause does not provide you with the actual right to physically repossess the property yourself after the specified period of default has elapsed. Instead, you can only legally evict the problem tenant and regain access to the property by obtaining a possession order from the court. It is necessary to follow the procedure set out in the Housing Act 1988, which mandates serving a special notice on the problem tenant before you can apply to the court.

The courts have power to grant the tenant relief against forfeiture, enabling the lease to continue. Relief will be granted to the tenant where the arrears and costs are paid before trial. The court will also grant relief where the breach is not too serious, or there is a shortfall between the value of the property to be forfeited and the extent of the damage of the breach.

However, if you are successful in your application to the court then the tenant becomes a trespasser.

Important landlord advice is to never harass the tenant or in any other way interfere with the tenant’s peaceful occupation of the property. For the Protection from Eviction Act makes it a criminal offence for a landlord to do anything that is likely to make the tenant leave his home, including preventing access to the property or disconnecting supplies of water, electricity and gas. The penalties for harassment are severe - potentially carrying fines in excess of £10,000 and even imprisonment - and thus sound landlord advice is always not to attempt to evict the problem tenant without a court order.

Landlord Advice on Problem Tenants

Part One: The Human Side of the Landlord Tenant Relationship
Part Two: The Contractual Nature of the Relationship
Part Three: Obtaining an Accelerated Possession Order
Part Four: Obtaining a Possession Claim
Part Five: Enforcing Possession and Debt Orders

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