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A legal service for landlords is just a click away with our Landlord Helpline. Simply click below and complete our landlord helpline form which will be sent to a landlord and tenant solicitor.

 

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Landlord Advice

 

The Relationship: Landlord and Tenant Law

 

  • A tenancy is a relationship governed by landlord and tenant law. Landlords acting without the correct landlord and tenant law advice are prone to misinterpret their obligations and may break the law. To properly deal with a problem tenant, a competent landlord and tenant law solicitor should be instructed.

  • The starting point is that non-payment of rent, or other negative action 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. Instead, you can only legally evict the tenant and regain access to the property by obtaining a possession order from the court. This is why landlord and tenant law advice must be obtained before any action is taken.

  • Various landlord and tenant law acts give the courts 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 and tenant law 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 and tenant law advice is always not to attempt to evict the problem tenant without a court order.


    • Landlord and Tenant Law Advice on Problem Tenants


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

     

    Landlord and Tenant Law Advice

    Assessment Form


    Download and complete our assessment form. You will need accurate details of any rent arrears and knowledge of the property. The more information you provide the better advice we can offer.

     

     

     

     

     

     

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