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Welcome to Landlord Complete, our exclusive service for residential landlords and letting agents.
We are a solicitor led team providing bespoke representation to landlords in situations where a tenant eviction is needed or where a tenant owes rent.
Our service is tailored to the specific needs of the client; be it just initial advice or full court representation We also offer a variety of funding options, including a competitive and flexible fixed fee service. This ensures peace of mind and certainty as to the costs associated with each stage.
We work exclusively for:
We understand that problem tenants cause huge disruption to a landlords business; including disputes with lost rental income and delays in being able to re-let property. We therefore recognise that when faced with such difficult circumstances, swift action needs to be taken to mitigate that disruption and loss, whilst ensuring the process is conducted both fairly and legally.
Our service includes:
We are also able to investigate whether you may have legal costs funding as part of your insurance policies on request.
Our solicitors for landlords are here to help you deal with any number of legal issues when it comes to letting out a property. We are experts in our field, and our landlord lawyer led team are here to advise you. Whether your property is located in the North of England or in another part of England and Wales, we can help private landlords, corporate landlord and letting agents deal with drafting tenancy agreements, evictions and pursuing rental arrears. We offer fixed-fees for straight forward undisputed claims and if your claim is disputed, we offer a competitive and clear hourly rate. Our solicitors for landlords are here to support you and ensure all your legal obligations are met, so your investment is protected. Contact us today on 0800 689 0831.
In England and Wales, if you wish to evict your tenants then you will need to either serve a Section 21 notice or a Section 8 notice. It is possible to serve both notices at the same time and court proceedings can be issued on one, or both.
Under Section 21, you can serve 'notice of possession' to the tenant. This means you can take back the property at the end of a fixed-term, or trigger the break clause if you have one. Under this section, you do not have to give a reason to claim back your property and the tenant does not have to do something wrong. For a Section 21 notice, for possession to be successful and not be disputed, it has to be served correctly giving at least two months' notice and we recommend that as a landlord, you should be accommodating and reasonable. It is possible for a Section 21 to be disputed if the dates to vacate are incorrect, or the tenant can prove they have been harassed to leave the property.
It is worth noting that if a tenant has a legitimate concern about the maintenance of the property that has not been dealt with and the tenant refers the issue to the local housing authority, then a Section 21 notice served after the complaint will be invalid. Also, if the landlord failed to give the tenant at the start of the tenancy a gas safety certificate, an Energy Performance Certificate (EPC) or a 'How to rent' guide, then any Section 21 notice served is invalid.
Section 8 is an eviction notice and is set out in Schedule 2 of the Housing Act 1988. To use this notice, you have to have grounds for eviction, which include failure to pay the rent, causing a nuisance, damaging the property in some way or breaching the tenancy in some way. If your tenant disputes the eviction notice, then it may go to court and you will need to provide evidence for why you wish to evict the tenant.
Here are some tips and advice on serving a Section 8 tenancy:
It is important to note that a Section 8 is not a guaranteed route to eviction as the tenant can choose to ignore it and if it does go to court, the judge may not find in your favour especially if the tenant has fixed the issue that you used to seek the eviction.
If the tenancy is coming close to the end or if there is a break clause, then the best approach might be a Section 21 notice as you do not have to give a reason for wanting to take possession of the property.
It is always recommended to come to a mutual agreement with your tenant regarding surrendering the property.
If you tenant refuses to leave after the order of possession as expired, then you may need to instruct the County Court Bailiff to evict them, which can take more than a month. If this is the case, we will advise you on the best course of action and ensure everything is legal and above board, so that you are protected.
Not having your rent paid can lead to all sorts of issues, whether you are a private landlord or a corporate landlord. While it may seem difficult to claim for rent arrears, there are several legal options open to you. We recommend that if a payment is late for the first time, then give your tenant the benefit of the doubt. If after a few days, the payment has not been made and you have not heard from the tenants, then make a polite enquiry. If your enquiry does not result in rent payment, then we would recommend:
Sending a late rent notice - we would always recommend trying to come to an agreement with your tenant. For example, you could agree on a repayment plan. If sending the first late rent notice did not resolve the matter, then send another letter a week after the first and then if needed another after a week. In your last letter, you should state that if the outstanding rent is not paid, then you may take legal action such as gaining possession of the property.
Apply to the court for possession of your property - this can only be done after the tenant is two months in arrears. Depending on the circumstances, you can use Section 8 or Section 21 notices - or both. Our expert landlord and tenant solicitors can advise you on the best course of action.
If you need expert advice on pursuing rent arrears or evicting tenants, then contact us on 0800 689 0831. We work closely with our debt recovery team at Forbes Collect to ensure we recover your outstanding rent quickly.
Our landlord solicitors in Manchester are experts when it comes to the North of England property market. Manchester, in particular, has been identified as a buy-to-let hotspot by HSBC. We offer a number of services including dealing with tenancy agreements, tenant evictions and court procedures. Our expert landlord solicitors are available to give you expert legal advice on any legal issues you may have when it comes to buy to let. Our Landlord Complete service offers landlords and letting agents a comprehensive service that is value for money. Contact us today on 0800 689 0831.
Yes. Our Landlord complete team is solicitor led to ensure the right advice is provided at each step of the way.
We operate a fixed fee service for un-defended and non-disputed claims. If your claim is defended then we offer a competitive hourly rate.
Once you have served the correct notice, if your tenant continues to refuse to vacate the property, then the next step will be issuing court proceedings to seek an order for possession.
No. It is a criminal offence to unlawfully evict a tenant without a court order obtained thought court proceedings for possession. If a landlord unlawfully evicts a tenant, the landlord could be liable for a prison sentence, a fine and the tenant being reinstated to the premises.
There is not set or guaranteed timeframe. How long the process takes varies depending on which procedure is being used, whether the claim is defended, the court's own resources and availability, and whether or not the tenant leaves the property when they are ordered to by a court.
s. 21 notices must be a minim of 2 months long whereas s.8 notices based on rent arrears are a minimum of 2 weeks.
We estimate that for undefended court proceedings, a s.21 claim would result in a court order approximately 6 to 8 weeks from the date of issue of the claim. A s.8 claim typically results in a court order approximately 10 to 12 weeks from the date of issue of the claim, mainly because this process involves a court hearing.
Beyond this, if the tenant fails to vacate in accordance with the court order, and a court bailiff needs to be appointed, the process of actually obtaining possession will take longer.
If the claim is not defended, then it is unlikely you will have to attend court as we will represent you. However, if the claim is defended, then the landlord may need to attend. We will advise you at each step of the way so that you know where to be and what will be expected of you at a hearing.
Usually within 7 or 14 days of the date of the Possession Order. Although in cases of exceptional hardship, a court may afford the tenant up to 42 days.
No. We handle possession claims relating to properties located throughout England and Wales.