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Squatter law – if at first you don't succeed …
Today (1/9/12) the new squatters law comes into force. “At last!” landlords up and down the country are saying – “at last I can get the police in and get rid of those pesky squatters!” Except … It was...
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Doing your own eviction work – what are the pitfalls?
If you have a non paying tenant, generally the last thing you will want to do is pay solicitors to deal with evicting them. But if you don’t evict them through the courts they are entitled to stay...
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Housing Law – the bigger picture – bad tenants (2)
In previous articles in this series I have discussed the changes taking place in housing – the greater part that the private rented sector is expected to play, with fewer people able to buy their own...
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Can you have a lodger if you don't live at the property?
Here is a question to the blog clinic from Deb who is a landlord I own a house in the Midlands but live in London (work/partner etc). I have always had “lodgers” in my Midlands home since I started...
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Housing law cases – the Judge is sometimes wrong
Flicking through the August issue of Legal Action Magazine I came across this little case (also reported on Nearly Legal) which supports two of the things I have been saying on this blog. Namely the...
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The top five legal mistakes made by landlords – how many have you made?
These are things that come up time and time again. 1. Fixed terms have to be six months or a year No! You can have a fixed term for any period of time you want. The main significance of different...
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Evicting housing Benefit tenants – Kate’s story
With all the discussion about housing benefit tenants and the problems they have finding accommodation, I thought it would be helpful for people to read about one real-life story. One where a...
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'Friends' renting a property temporarily refusing to move out
Here is a question to the blog clinic from Chris whose daughter in law is a Council tenant: My daughter in law was been a Council tenant for 5 years. The Council agreed that she could go abroard with a...
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Tenants served with section 21 notice but not moving out
Here is a question to the blog clinic from Nick whose parents are landlords I’ve a bit of an unusual situation which I would really appreciate help in clarifying. My parents own a flat and they served...
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The Emergency First Aid Kit for tenants faced with repossession
Reviewed by Ben Reeve Lewis (A new ebook for tenants by Tessa Shepperson) I’m the first port of call for tenants in difficulty. A large part of my day is made up of people coming into reception...
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E is for Eviction
This is a big topic, but the number one thing for landlords to realise is that it is heavily regulated. First – almost ALL tenants must be evicted after first obtaining a court order for possession. If...
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What to do about a co-tenant who fails to pay rent
Here is a question to the blog clinic from Sophie who is a tenant: My household has been served with a section 21 which having read your advice on this issue seems to be served correctly. There are...
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Can this tenant defend a s21 claim using estoppel?
Here is a question to the blog clinic from Peter who is a landlord Having failed to get the court to give me an outright possession order after the tenant disregarded the section 8 judgement, I turned...
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Problems about renting a property to a limited company
Here is a question to the blog clinic from Pat who is a landlord I am a landlord and about 15 months ago I rented a flat to two individuals who insisted the tenancy was set up in the name of their...
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Six essential tips on how to use a section 21 notice to evict a tenant
If you are looking to evict your tenant, the section 21 procedure is the best way to go. But it will not be available to all landlords or at all times. Here are some tips for you to help you avoid...
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Ben Reeve Lewis Friday Newsround #98
[Ben Reeve Lewis has a lot on his plate just now…] I’m in the middle of Hell week. Not a student rag type of thing, or a series of films on the movie channel, I’m just trying to fit 10,000 bits and...
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Property Guardians: (2) What is the law?
Part 2 in our short series looking at Property Guardians A few days ago Samir Jeraj wrote about the phenomenon of ‘property guardians’. People who get a low rent in exchange for looking after a...
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Can the bailiff who evicts a tenant seize goods?
Here is a question to the blog clinic from Robina (not her real name) who is a landlord I was recently told by a judge that if a tenant is evicted for private (not commercial) rent arrears, the bailiff...
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Can the council force me to evict my tenants?
Here is a question to the blog clinic from Ross who is a landlord: I am a landlord and have found myself in a very awkward situation. I let my property to a family on a 12 month lease, only a month...
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Tenant believed to be in prison – what should the landlord do?
Here is a question to the blog clinic from Holly who is a landlord Please help me if you can. I have recently found out through the grapevine that the tenant renting my flat has been sent to prison. I...
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Landlord threatens to live in a caravan on front lawn
Here is a rather unusual question to the blog clinic from Lisa who is a tenant Hi, I am in a rolling periodic tenancy following an assured short hold tenancy ending,I was placed into this property...
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How to Evict Your Tenant
Are you a landlord? Are you thinking of evicting your tenant? If so you may be finding it all a bit confusing. What with section 21 (section 21 of what you might ask), notices to quit, different types...
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Questions about using section 21
Here are a couple of questions to the blog clinic from Oliver about section 21: I was just wondering if its true that an S21 has to be served on the rent payment day- so, imagine the rent day is the...
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Can I use text messages to get my tenant out?
Here is a question from Terry (not his real name) who is a landlord I have a tenant that promised to pay 6 months upfront but has only paid the first two months. I have issued a section 21 after...
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Housing Act 1988 section 21 – blessing or curse?
As Samir pointed out in his post on rent control, this month is the 25th anniversary of the passing of the Housing Act 1988. I want to take a look at the effect of section 21 and the assured shorthold...
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Evicting Squatters without a solicitor
Do you have squatters on your land? Or in your property? If the property is residential, squatting is now a criminal offence under s144 of the Legal Aid, Sentencing and Punishing of Offenders Act...
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New support services with the DIY Eviction Guide on Landlord Law
One of the reasons why people join Landlord Law is the DIY Eviction kit. If you are a landlord the need to evict your tenant often comes at a difficult time. Frequently it is because your tenant is...
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Worried about eviction hearings? Advocacy service now available for DIY...
Times are hard and many tenants are falling into arrears of rent. This is tough for them but also tough for landlords who have their own expenses and cannot afford to support non paying tenants. As...
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Drafting section 8 repossession notices based on rent arrears
When evicting a tenant you need to serve the correct eviction notice first. You need to get this notice right otherwise you can lose your case. Or, like the landlords in a recent case, you may be...
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Evicting a tenant without a tenancy agreement
You want your tenant to leave but you don’t have a written tenancy agreement. Will you be stuck with them forever? Lets take a look at the options Are you SURE you don’t have a tenancy agreement?...
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Ben Reeve Lewis Friday Newsround #144
[Ben Reeve Lewis’ fingers are feeling sore …] My belated Xmas present from Frazzy finally arrived (see pic) an Epiphone Sheraton as used by John Lee-Hooker and Liam Gallagher and I am as happy as a...
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Government plans to speed up tenant evictions
There has been a bit of publicity recently surrounding the government’s working group to consider speeding up evictions. As I have been involved in this initiative (I was invited to the working group...
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How can landlords evict tenants quickly?
I get asked this sometimes. My tenants are behaving badly and I want them out now I have just discovered that my tenants lied in their application form and need them to go Or most commonly My tenants...
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Licenses – when do you need a court order for possession?
There is a lot of confusion about licenses and tenancies and when you need a court order for possession and when you don’t. So lets take a look at this. The Protection from Eviction Act 1977 The...
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Developing a Rogue Landlord Multi-Agency Taskforce in London
Ben Reeve Lewis is away this week, enjoying the Olando life with Frazzy, but I asked him to leave us a report on how his day job is going instead of a normal column … As you read this I will be at ‘Wet...
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Teaming up with Landlord Action
Paul Shamplina and Landlord Action have been around for a long time. Paul started Landlord Action in 1999 when he saw that most solicitors were charging humungous fees for what is a relatively...
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How to prevent delay in evicting problem and non paying tenants
Sometimes tenants turn out to be problem tenants. Statistically this is a fairly low percentage – most tenants are decent. However this this is no comfort if your tenant is wrecking your property or...
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What are a landlord's rights to evict a tenant who is underpaying the rent?
Here is a question to the blog clinic from Rajiv (not his real name) who is a landlord. I have a tenant who, during the AST, fell into arrears by 5 months claiming she wasn’t receiving her housing...
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When can a landlord change the locks after getting an order for possession
Here is a question to the blog clinic from Chloe (not her real name) who is a landlord I have been granted an order of possession to get me property back from a tenant. This ran out on Monday and when...
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Warning to Landlords – beware Sheriffs using illegal eviction procedures
Regular readers may remember that back in November I wrote about a case (Nicholas v Secretary of State for Defence) where the Sheriffs used the wrong procedures when evicting tenants who had failed to...
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How much does it cost to evict a tenant?
The question of eviction cost is really important if you want to recover possession of your property. There are a number of things to consider. For example: How much will the solicitors and other fees...
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Suggestions for a tenant who has received an eviction notice
This is a question to the blog clinic from Mandy who is a tenant. Hi, I have been in a property for 9 year’s private rental through an agency. I have not signed a tendency for 6 year’s now. I have paid...
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Can this Welsh landlord ask her tenant to leave after subletting on Airbnb...
Here is a question to the Blog Clinic from Heather who is a landlord I have a tenant in a property in Wales who has put a room in my house on Airbnb without my permission and without my knowledge....
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Why you need to be very careful who you use to evict your tenants
After the case of Gill v. Kassam The Chickens are gradually coming home to roost There are a number of practices in the (largely unregulated) private rented sector, which we lawyers have known all...
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The End of Section 21 – Possession claims based on ‘bad tenant’ grounds
In the last post, I looked at what we could do to improve the eviction procedure where a tenant is in arrears of rent. That is probably the most common reason why landlords want to evict. However,...
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The End of Section 21 – Protecting Your Position: Property Condition
This is part of a series of articles for landlords on preparing for the removal of the no-fault ground for possession under section 21. Part 3. The Property Condition One of the big complaints made by...
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Is there any point in mediation for possession proceedings?
We now have the new rules which are going to take effect when the stay on possession proceedings in the Courts ends on 24 August. It does not include any ‘pre-action protocol’ as was suggested earlier...
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What should you do if you are threatened with eviction?
After 23 August 2020, the Courts will once again start processing eviction proceedings against tenants. So if you are a tenant facing this – what should you do? Don’t panic There will be no immediate...
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Ethical issues on the end of the eviction ban – and are landlords or tenants...
With the eviction ban coming to an end (more or less) many tenants will be desperately worried and concerned about their home. Many have a reduced income through no fault of their own and tenants...
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A new way to help tenants in arrears of rent avoid eviction proceedings
The landlord press is full of stories of the thousands of tenants in arrears, the alleged ‘tsunami’ of eviction cases going through the courts and the problems that this will create. Maybe YOUR...
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