Tag Archives: Landlord

Abandoned or not abandoned…that is the question

Abandoned or not abandoned…that is the question

Abandoned or not abandoned main blog image2Abandoned or not abandoned…….That is the question!

Landlords often face problems when it comes to a tenant who may be in arrears of rent and then suddenly and without any notice just leaves a property whilst still contracted to the rental agreement. Landlords rarely know whether the tenant will come back and whether they can regain possession.

Legally, whilst the rent may still be owing to the landlord, the tenants can return to the property. If the landlord were to have changed the locks and regained possession without first obtaining a Court Order, then the landlord not only runs the risk of being sued for unlawful eviction but may also face criminal proceedings.

However, this problem of uncertainty may soon be a thing of the past thanks to the Housing & Planning Act 2016.

If a private landlord is faced with this, he or she will be able to recover possession by terminating the assured shorthold tenancy agreement on the day that the notice is given provided he or she has done the following:

  • 3 written warnings have been given
  • No response received from the tenant, occupier or person who paid the deposit
  • 2 consecutive months’ rent is still owing

This Act of Parliament may well prove to be a very useful piece of legislation for private landlords who in the past will have faced the precarious question of ‘has the tenant gone or not?’ and provides more welcome certainty into landlord & tenant law.

Landlord and Tenant – Getting it Right

Landlord and Tenant - Getting it Right

Landlord & Tenant – The De-Regulation Act 2015 – Getting it right

Landlords beware!

For landlords, in October 2015 the law of landlord & tenant changed.   Landlords now need to take notice of these important changes in the law.

The main changes centre around deposit protection and the correct serving of s.21 notices for all new tenancies created from 1st October 2015. Our specialist in landlord & tenant law will happily guide you through the changes.

Being a landlord can be and should be an enjoyable and profitable experience. For landlords who get it right, it will be. We can assist in helping landlords do that.

Newnham & Jordan Solicitors are specialists in all types of landlord and tenant cases. If you are considering entering into the world of being a landlord and wish us to advise on your obligations, or if you are a landlord already but are owed rent or simply need your property back, we will always look at the matter from your point of view and always look to take on your case in a cost effective manner. We don’t push paper around. Landlords like to see positive and decisive action. This is what we do.

We offer landlords a 2 stage fixed fee service for routine possession claims. £400 + vat for preparation of the notice, commencement of proceedings and all work up to the point of 1 hearing which is then followed by the 2nd stage fee of £200 + vat for attendance at the hearing, preparation of the warrant and attendance at the eviction. Court fees are in addition to this, normally £280 issue fee and £110 warrant fee

Not only do we advise on the law, but we give practical, sensible and cost effective advice which gets results.

(costs quoted are subject to change over time.  Please contact us for an accurate quotation for your particular matter)

To read about our Landlord & Tenant service click here.

This article is intended for general information purposes only and  shall not be deemed to be, or constitute legal advice. Newnham &  Jordan Solicitors cannot accept  responsibility for  any loss as a result of acts or omissions taken in  respect of this  article or any external articles it may refer or link to.

Landlord and Tenant – Getting it Right

Tenancy Deposit Schemes – TDS

What is a tenancy deposit scheme?

Under an assured shorthold tenancy (AST) a landlord must protect a tenant’s deposit by using an authorised tenancy deposit scheme (TDS). The TDS must be operated by an approved scheme administrator.   A TDS has two main objectives.  These are:

  • To ensure that, when a tenant pays a deposit, it is protected so that it can be returned to the tenant at the end of the AST, unless the landlord has a legitimate claim upon it.
  • To resolve disputes between landlords and tenants using dispute resolution rather than via the courts.

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Tenancy Deposit Schemes – TDS