Anti-Eviction Laws Archives

Oct 1

How can I evict a tenant from a property I own?

How can I evict a tenant from a property I own in Brecon? He is not paying his rent and not allowing the Estate Agent to show people around the property.

Presuming your tenant is occupying the property under the terms of an Assured Shorthold Tenancy for a fixed period of at least six months and not more than 12 months, then Possession Proceedings can be started against him if he is two months in arrears with his rent and is clearly in breach of other covenants such as refusing access to your Selling Agent to market the property provided of course your tenancy agreement covers this point.

The process can take some weeks but you must follow the procedure strictly in order to avoid falling foul of the Anti Eviction Laws.

A Notice of Intending to Issue Possession Proceedings is initially served on the tenant and an application then submitted to the Court. The procedure can effectively give the tenant a further six weeks before he has to vacate, which then leaves you with the ultimate problem of having to pursue the tenant for outstanding rent.

Consult a solicitor immediately to ensure the procedure is started without further delay.

* Emyr Pierce is Managing Director of Emyr Pierce Solicitors in Rhiwbina, Cardiff, Western Mail Conveyancer of the Year, specialising in Domestic and Commercial Property. Contact www.emyrpierce.co.uk or email law@emyrpierce.co.uk

Aug 19

Is buying a Freehold a waste of money?

I am buying a Leasehold terraced property which currently has 75 years left on its lease. Would it make sense to buy the Freehold, or is it a waste of money?

If you are looking to sell a Leasehold property with less than 70 years to run then it is possible your buyer’s mortgage company may insist on either the lease term being extended, or that the property is Freehold.

You will, therefore, need to consider the possibility of either buying the Freehold or extending the Lease term once it falls below 65-70 years. Buying the Freehold at an early stage has its benefits as the cost is only likely to increase.

However, before parting with hundreds of pounds, you must appreciate that the only benefit to you will be the saving of a nominal annual payment in ground rent and the ability to insure with a company of your own choice. The benefit, therefore, of buying the Freehold will usually be closely related to the remaining number of years of the Lease term.

Provided you have owned the property for at least two years you are entitled to purchase the Freehold interest as of right under the Leasehold Reform Act 1967, but most freeholders will agree to transfer the Freehold interest without having to follow the strict procedure laid down by that legislation.

You should ask your Freeholder how much it might cost and, if necessary, take the advice of a Surveyor on any quote received.

* Emyr Pierce is Managing Partner of Emyr Pierce Solicitors in Rhiwbina, Cardiff, Western Mail Conveyancer of the Year, specialising in Domestic and Commercial Property. Contact www.emyrpierce.co.uk or email law@emyrpierce.co.uk

Mar 15

Can I change the locks?

The tenants in a property I own have not paid the rent for three months and are refusing to leave. Can I legally change the locks on the house when they are out?

The tenants probably occupy the property on the terms of an Assured Shorthold Tenancy. There are anti-eviction laws in existence to prevent landlords from excluding tenants from residential property without having first followed the repossession procedure specified by the Housing Acts.

If your tenants are three months in arrears you are entitled to immediately apply to the Court for an Order for Possession, although the likelihood is that by the time the statutory procedure and timescales are followed the six months terms of the tenancy may well be close to expiring in any event.

However, the court proceedings will also entitle you to obtain a money judgement against the tenant for the arrears, in addition to an Order for Possession of the property. Failure to follow this specified procedure will render you in serious breach of the Anti-Eviction Laws.

You should immediately consult a solicitor who will prepare the appropriate notices of Intention to Issue Possession Proceedings. Until these notices are served on the tenant the strict statutory timescales will not begin.

Jul 11

I want to evict tenant who has not paid the rent

I own a flat which I have been renting out for the last few years. My current tenant is behind three months on her rent and refusing to leave, despite her tenancy having run out. How do I get her out?

Despite the fact that your tenant may have continued to occupy beyond the date of a fixed term tenancy, usually six months, you still have to follow the appropriate procedure and cannot simply evict her, or change the locks as this would be a breach of the Anti-Eviction Laws.

If your tenant is at least two months (if payable monthly) and eight weeks (if payable weekly or fortnightly) in arrears with her rent then the mandatory ground for possession on the grounds of arrears of rent will be available to you and the Court must make an Order

You are strongly advised to seek the advice of a solicitor to ensure the appropriate timescales are strictly adhered to. Failure to follow these will result in your having to begin the process all over again, causing further delays.