LANDLORD’S WORST NIGHTMARE
LANDLORD’S WORST NIGHTMARE

17 April 2018

It is every landlord’s worst nightmare – you have let out a property and everything was going fine, but suddenly without notice the rent payments have stopped.

Your calls to your tenant are not returned and you have had no response from your letters, while at the same time the money to pay the mortgage has dried-up – what do you do?

There are legal steps you can follow to get the tenant out of the property.

However, it is vital that you obtain proper legal advice as if the correct procedure is not followed to the letter, the Court may well adjourn the case, causing delay and even result in your claim being struck out, meaning you have to start the process all over again.

The first step is issue a ‘formal notice that must be correctly drafted and properly served. You cannot just take back possession without following the legal process otherwise you could find yourself in trouble with the law.

If the tenant refuses to leave the property once the notice expires then you will need to apply to the Court to obtain a Possession Order.

Unfortunately court cases are not always quick, due to the workload of all courts, so the sooner you issue a notice and deal with matters the better. If the tenant does not leave the property once a possession order is made, then the Court can instruct a bailiff to carry out the eviction.

At Phillips, Solicitor Hayley Eachus has expert knowledge to assist both landlords and tenants on a comprehensive range of issues.

To find out how Hayley can help you, call 01256 854633 or email [email protected]

Have more questions?
Our expert solicitors are here to take the worry off your hands.
Please call us or email and we’ll get back to you as soon as possible.
News
Phillips Law urges local families to plan ahead to reduce their inheritance tax bill
Phillips Law urges local families to plan ahead to reduce their inheritance tax bill

Latest figures from HMRC show that inheritance tax receipts have risen by 7.2% since last year. By taking advantage of available tax reliefs and planning carefully, families can make su ...

More
Should I go to family mediation?
Should I go to family mediation?

There are many reasons why you may be considering family mediation. Perhaps a friend has recommended it or you have heard that you ‘have to go to mediation’ but the chances are that you ...

More
Use it or lose it – making use of your annual allowance
Use it or lose it – making use of your annual allowance

The Annual Allowance With the end of the current tax year fast approaching, anyone wishing to use their 2023/24 (and potentially their 2022/2023) annual allowance in relation to gifts o ...

More
Phillips Law urges people to get writing a Will off their to-do list.
Phillips Law urges people to get writing a Will off their to-do list.

This week (4 – 8 March) is Update your Will Week Phillips Law is encouraging people to consider the risks of not having a Will following new research revealing nearly half of UK adults ...

More
PHILLIPS LAW ACTS ON THE GRANT OF THE NEW AA HEADQUARTERS AT PLANT, BASINGSTOKE
PHILLIPS LAW ACTS ON THE GRANT OF THE NEW AA HEADQUARTERS AT PLANT, BASINGSTOKE

Phillips Law is delighted to have advised Mactaggart Family & Partners and Longstock Capital Limited on a multi-million-pound agreement for lease with The AA to move their headquart ...

More
Deliveroo worker status judgment: implications for employers
Deliveroo worker status judgment: implications for employers

In our January update we reported on the Supreme Court decision in the long running dispute between Deliveroo and the unions representing many of its riders. You can read the full Judgm ...

More