01698 312 080

mail@tchlaw.co.uk

Landlord Enforcement

 

If you find yourself in a situation where your tenant is failing to pay rent, or breaching the Tenancy Agreement you have with them in some other way, you might wonder where to start in enforcing your rights. In such cases it's not as simple as immediately rushing to court, and there are a number of technical and procedural points that you must comply with to avoid unnecessary delays, and costs, if and when the case comes to litigation. It should be borne in mind that these preliminary points might also allow for early agreement with your tenant as to vacation or the property and/or bringing rent accounts up to date etc. This is where our expertise can help you.

Preliminary requirements not only include the service of formal Notices on your Tenant (if you have decided you definitely wish to have your tenant removed from the property, these are a requirement) but indeed can sometimes include pre-litigation demands. Such demands may result in your tenant rectifying any breaches of the Tenancy Agreement (e.g. paying arrears, clearing up garden etc) perhaps without the need for court!

At your request, we can serve for you a Demand Letter, which would seek your Tenant rectify the breach(es), (which in most cases means bringing their rent up to date). In the event your Tenant fails to comply with the demand, then again upon your instruction we can prepare and serve the necessary Statutory Notices upon your Tenant which must be served to allow you to take matters to court.

There are strict timescales that must be followed with regards service of the Notices, which will depend on what you have served on the Tenant(s) already and which breaches your Tenant(s) are committing. If we have to start from the beginning of the process,hen it could be a minimum of 2 months to let the Notices expire, before action can be raised at court.