As a landlord, it is essential that you are aware of your rights and obligations before entering into a tenancy agreement.
We can help you to ensure you have the correct processes in place before entering into an agreement.
It is your responsibility to ensure:
- the right documents are provided at the start of the tenancy – failing to do so may result in you not being able to evict the tenant under section 21, which is the right to evict tenants with just two months-notice
- your agreement is valid – if your tenancy agreement includes ‘unfair’ clauses, the whole contract may be deemed void, which means you may not be able to pursue your tenant for non-payment, or proceed with an eviction
Your rights when evicting a tenant
Providing you have a valid agreement in place, as above, there are two routes to evicting a tenant:
Eviction under section 8
If your tenant has not paid rent for 2 months or more, you have a right to evict them. This is only the case if you provide your tenant with a valid section 8 notice. If the notice does not comply with the rules, it will not be valid which may mean you end up losing money on a claim.
Following the notice, you can make an application to the court for the eviction.
At Shaar Bridge Solicitors, we can draft the notice and make the application for you. We will deal with everything from beginning to end, including any hearings which must be attended.
Evicting tenant under section 21
Provided that all rules have been followed before the tenancy, you may be able to evict your tenant as long as you give them two months-notice.
To evict your tenants under section 21, you need to serve a valid section 21 notice. If the notice is not valid, you will have to serve it again, giving another two months. It is important the notice is drafted correctly.
Following this, you can then make an accelerated possession claim to the court which will carefully need to be drafted for particulars and all the relevant documentation. We can do this for you to ensure everything is correct.
How we can help
Whether you want us to ensure your tenancy agreement is fair and protects you, or you need an eviction notice issued, we can help.