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Frequently Asked Questions
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Property and Housing
We are experts in residential, commercial and agricultural property disputes.
Property and Housing
A deposit has been taken, does this need to be secured in a Tenancy Deposit Scheme?
For all tenancies from 6th April 2007 where a deposit has been taken this must be secured within a Tenancy Deposit Protection Scheme. As a landlord you are not entitled to simply put this in a separate account. It must be deposited.
Failure to do so can result in a claim being made by the tenant for damages for up to three times the deposit in addition to return of the deposit. Information as to where the deposit has been held and reference numbers relating to that deposit, along with other required information, must be provided to the tenant.
As a landlord how can I evict my tenants?
It depends upon the reasons for which you wish to evict your tenant. Further, it depends on whether or not you wish to evict your tenant during the fixed term tenancy, or whether the fixed term tenancy, as stated above usually six months, has come to an end. You can only evict your tenants during a fixed term if they are in breach of the tenancy agreement.
A Section 8 Notice needs to be served. There are both mandatory and discretionary grounds within that Section 8 Notice and the time periods as to how long the notice must be differs depending which ground possession is sought upon. The usual ground is rent arrears.
A Section 21 Notice, which is a two month notice, can be served during the fixed term tenancy but cannot expire before the end of that fixed term. After the fixed term Section 21 Notice can be served at any time however there are rules about the date on which it must end.
The landlord should always seek legal advice in serving notices if they are unsure and we can draft and serve notices for a fixed fee.
How long does it take to evict my tenants?
This depends upon the grounds upon which possession is being sought. If there is a written tenancy agreement, a Section 21 Notice has been served and you are not claiming rent arrears the accelerated possession procedure can be used which shortens the period for obtaining a possession order as no formal hearing is required.
However normally a possession hearing is required, and this is always the case when possession is being sought upon a Section 8 Notice or rent arrears are being claimed. There has to be a minimum of four weeks from the date of service of the Court papers on the tenant to the date of the possession hearing. The Court will normally grant a 14 day Possession Order however it does have the power, where there would be exceptional hardship to the tenant, to grant up to 42 days.
I don’t have a written tenancy agreement. Has a tenancy still been created?
Yes. There is no requirement for a tenancy agreement to be in writing. It assists if the tenancy agreement is in writing as then the landlord and the tenant both know the terms by which they are bound however, a tenancy can be created through the parties conduct which can include having exclusive occupation of the property and the payment of rent.
Now I have a Possession Order can I change the locks?
No you cannot. Even if your tenants have failed to vacate the property when the Possession Order has expired you cannot simply go round to the property and change the locks if the tenants are still in occupation. You need to make an application to the Court for a Bailiffs Warrant.
The amount of time it will take for the date and time of the Bailiff appointment to be set will depend upon how busy the Court Bailiff is but typically this is anywhere between 7-21 days.
What is the minimum term an assured shorthold tenancy can be granted for?
The minimum term for an assured shorthold tenancy is 6 months. A landlord cannot grant a lesser term than 6 months. There is no upper limit so an assured shorthold tenancy can be granted for a number of years if that is what both parties want.
The landlord must however be cautious when granting an assured shorthold tenancy in excess of six months as they will only be able to bring that tenancy to an end if there has been a breach of that tenancy during the fixed term period.
What type of tenancy will be created?
Unless stated otherwise all tenancies entered into after the 28th February 1997 are automatically deemed assured shorthold tenancies.