Landlord and tenant breakdown needs cool heads and legal action in time

29 Jun 2015

For us as a law firm helping many a landlord at their wits end due to a dispute with a tenant, it can be frustrating the media image that is painted in such disputes. It generally casts the landlord as a wealthy bad guy trying to make the poor weak and innocent tenant homeless. We are often asked by Landlords to carry out lawful and effective tenant evictions.

However, whilst there are some disreputable landlords, there are equally as many poor tenants. Whether you are a small part-time landlord, who has availed of the buy-to-let opportunities of recent times or someone who makes your main living from property you need to ensure you do your utmost to behave fairly.

Generally, from our many years of expertise in such matters, the main cause of problems is down to tenants that are in rent arrears. If this is the problem for you, then you need to make sure that you act fast – the quicker you seek legal advice, the sooner you will get your property back.

Whilst not paying the rent is the main source of conflict there are other problems too. For example, when a tenant claims that the landlord hasn’t done necessary repairs to the rental property, allowing it to fall into disrepair. There may also be issues surrounding the tenant waiting for housing benefit, the tenant claiming the landlord has lied about them being in rent arrears, or even the tenant claiming that they are being harassed by the landlord.

We hope your properties are let to model tenants, but remember many landlords will have encountered an undesirable tenant at some point, so always factor the worst-case scenario into your financial planning. After all, it can take several months sometimes to regain possession of a property.

Generally, you need to allow four to five months for a Section 8 repossession and after serving this you can wait several weeks for a court hearing, then the possession order will give the tenant 14 days to move out of the rental property.

It can then be a case of the court taking up to six weeks to grant a possession order. Unfortunately, these landlord and tenant breakdowns can get out of hand, but what we always say is never take the law into your own hands, by going in and throwing the tenants belongings out of the window, or changing the locks.

We can understand why this happens, due to the frustration involved, but it is safer to seek sound advice from our property litigation lawyers, who are well versed in such disputes, who can then take up matters on your behalf. Not only does Pindoria Solicitors property litigations have an excellent and successful record but by doing this we hope to take as much stress away from you and get your property back to you quickly as possible.

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