The latest 'Business Brief' column from QualitySolicitors Redkite
Dymphna Powell, Associate with QualitySolictors Redkite puts the spotlight on an important issue for landlords . . .
Novice landlords often make the mistake of assuming they will obtain vacant possession of a rented property immediately upon expiry of the fixed term of a tenancy.
However, if a landlord re-enters a rented property to resume control with the tenant still in occupation, the landlord could potentially be sued by the tenant for damages for unlawful eviction (notwithstanding that the tenancy term has ended).
A landlord who wishes to obtain vacant possession of rented accommodation at the end of a fixed term Tenancy Agreement, can do so by serving the appropriate Notice in the fourth month of the tenancy, coinciding to end on the last day of a fixed term of the Tenancy.
The Notice must be in the prescribed format and be compliant with legislation and common law. At the end of the Notice period if a Tenant has failed to vacate a property, a landlord, either himself or through legal representatives, should make an application to the Court for a Possession Order.
If the Landlord has a written Tenancy Agreement they could apply for an Order for Possession using the Accelerated Possession Proceedings, obviating the need for a Court Hearing.
The Judge has discretion to order possession within a minimum of 14 days, but in compelling circumstances a Judge has the discretion to order a slightly longer period.
The Court will set the date for the tenant to surrender vacant possession and if, on this date, the tenant fails to vacate a property, it is unlawful for the landlord to take possession. If the landlord does so, they may be sued for damages for unlawful eviction of the tenant.
The landlord must reapply to the Court for a Warrant of Possession, and the Judge will fix a date giving the tenant at least 14 days clear notice to vacate. If the tenant does not leave a property before the date the Warrant is to be executed, the Court will arrange a Bailiff to attend and forcibly evict the tenant and their possessions.
For further information please contact Dymphna Powell on 01267 239011 or email Dymphna.powell@qs-redkite.com.
Website - http://www.qualitysolicitors.com/redkite
Dymphna joined QualitySolictors Redkite in September 1999 and qualified in March 2001. She 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. She is from Carmarthen.
Comments