Latest 'Business Brief' column from Red Kite Law

‘The Business Brief’ is the new column from QualitySolictors Redkite in the Carmarthen Journal.
Dymphna Powell, solicitor, QualitySolictors Redkite puts the spotlight on landlord and tenant law.

Landlord and Tenant law is governed by technical and often complex legislation.
Frequently, novice landlords (in an attempt to save on legal fees) are turning to internet chat rooms for advice on tenant problems, including the process of obtaining vacant possession.
Increasingly, landlords are completing ‘do it yourself’ Notices to Quit a property by downloading sample notices from websites.
Landlords should be aware, if you get the Notice wrong, it can be costly and time consuming.
Frequently, the courts receive possession applications from landlords based on reliance on a defective Notice.
Unfortunately, for the unsuspecting landlord, if they have served a defective Notice for Possession upon a Tenant, the Court is unable to order a Tenant to vacate a property.
Where a landlord has used a defective Notice to start the possession procedure, the Court has no discretion to remedy the defect.
The Court would have no option but to order a dismissal of the Landlord’s application for possession, it may also order the landlord to pay part or all of the Tenant’s legal costs.
If the landlord’s application for possession is dismissed, the landlord must then restart the process and serve a new Notice which is compliant with Legislation and Common Law.
The process of obtaining vacant possession of a tenanted property can be a long one, even if the landlord gets it right first time.
The length of a Notice period can vary depending on the nature of the Tenancy Agreement and the reason that the landlord requires vacant possession of the rented property.
For example, if a Tenant is in substantial arrears of rent then the Notice period required is relatively short.
However, if vacant possession is required at the end of an Assured Shorthold Tenancy, a longer Notice period is required.
In addition to the variations in Notice periods, the types of Notices to be served on a Tenant to bring about an end of a tenancy vary, pursuant to the reasons for serving them.
If in doubt, err on the side of caution and seek independent legal advice.
For further information please contact Dymphna Powell on 01267 239000 or
Dymphna.powell@redkitelaw.co.uk.
Dymphna Powell qualified in March 2001. Dymphna now specialises in civil litigation including professional negligence claims, chancery business, contentious probate, partnership disputes, cohabitee financial disputes under the Trusts of Land and Appointment of Trustees Act 1996 and landlord and tenant disputes.
She regularly acts for a wide range of private and commercial clients in Civil Courts and Alternative Dispute Resolution forums, including mediation. Dymphna is from Carmarthen.
Redkite can be found on the internet on –
http://www.redkitelaw.co.uk