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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.

Landlord Advice

When Negotiation Fails

Most tenants, when reminded about a missed payment, will respond quickly and remedy the situation. With others, it may be possible to negotiate an acceptable compromise. However, there are some tenants who are simply unwilling or unable to continue to make rent payments. In this event, proper landlord advice is to seek possession of the property, in order to avoid large losses.

It can take a considerable amount of time to regain possession through the courts - often three to six months. It is imperative therefore, that if you decide to pursue an action for possession of the property, you act quickly. Under the Housing Act 1988, there are two routes a landlord can follow to evict a tenant.

Obtaining an Accelerated Possession Order

When your tenant is nearing the end of his or her tenancy term good landlord advice is to obtain an accelerated possession order. An accelerated possession order is made by a district judge based on the possession claim and associated evidence; there is no hearing.

An accelerated possession order is for repossession of property only and cannot include a claim for the rent arrears. Landlords will need to bring a separate action to recover any arrears once you obtain possession, utilising the Small Claims Procedure.

In terms of procedure, a valid form of s21 notice must be served on the tenant, and the notice period of two months specified in this notice must expire. You can then fill out the special accelerated possession procedure form, sending copies of all relevant documentation to the court.

If successful you will get an accelerated possession order and an order that your tenant pays part of your legal costs. Although in practice recovery of these legal costs from the tenant is difficult if the deposit has been used to cover unpaid rent.

Landlord 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 Advice and Services

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.