What should I do if I am considering evicting a tenant?
If you are considering evicting a tenant the first step will be to serve a Notice. It is very important that you ensure you have complied with various technical requirements before serving notice.
Those requirements differ depending on whether or not your tenant is within the fixed term of their tenancy, when the tenancy commenced and whether you are alleging any fault against the tenant, for example, rent arrears or anti-social behaviour. If you do not do so then this can be fatal to any subsequent Court proceedings.
Our expert team can review your case and any documents before serving notice. We’ll advise on the best and most cost-effective manner to proceed, with consideration for your personal or business’ goals and circumstances.
We will prepare the appropriate notice to serve on your tenant. If they do not vacate your property when required, we will issue Court proceedings against them. We can assist at all steps throughout the Court process, including representation at Court Hearings. Once a Possession Order is obtained from the Court we can then assist in applying to the Court for a bailiff’s warrant should this become necessary.
Our team also provide specialist advice and representation if you have been accused of illegally evicting your tenant or if your tenant alleges that the property is in a state of disrepair.
Our years of experience allow us to provide high-quality advice tailored to your needs or goals, as well as considering alternative ‘outside of the box’ solutions to resolve disputes in a time and cost-effective manner. We offer competitive fixed fees so please do not hesitate to contact us to discuss your housing law issues.
Landlord Dispute Legal Services
Aside from dealing with disputes, we also offer a wide range of landlord legal services, these include:
- Advice on leases and licences
- Lease renewal and surrender
- Service of notices
- Dilapidations and disrepair claims
- Trespass and nuisance
- Recovery of rent and service charge arrears
What should I do if I receive a Notice of Intent or Civil Penalty Notice from a local authority?
Local authorities have the power to impose penalties of up to £30,000 per property in the event that a landlord fails to:
- Obtain a selective licence in an area where a selective licensing scheme is in operation;
- Obtain a licence to operate an HMO or comply with the terms of any licence granted; or
- Comply with an improvement notice served by the local authority in respect of any required repairs to a property
In the North West alone, local authorities are authorised to operate selective licensing schemes in Salford, Manchester, Oldham, Bolton, Burnley and Blackburn, as well as others.
If you have received a Notice of Intent to impose a penalty then we are able to advise you and prepare any necessary representations to the local authority on your behalf.
If the local authority subsequently decide to impose a civil penalty notice (CPN) then the right of appeal is to the First-tier Tribunal (Property Chamber). You may wish to appeal against the decision to impose a penalty or at all or the level of the penalty imposed. Either way, the appeal and supporting grounds must be submitted to the Tribunal within 28 days of the date of the CPN. We are able to advise and represent you on the preparation of an appeal and the subsequent Tribunal proceedings.
Our team of landlord dispute solicitors Natalie Kidd, John Gorner and Joshua Stolberg have many years of experience in dealing with all kinds of landlord and tenant disputes. We have offices in Altrincham, Stockport and Macclesfield and have been providing legal services for almost 300 years in the Manchester area.
We provide a bespoke high quality professional service. It is therefore important that we see our clients in person both at the start of the case and from time to time thereafter. Due to logistical and time constraints for both clients and ourselves, as a general rule most of our clients are based in the North West including Cumbria and the Peak District, North Wales, South and West Yorkshire and Staffordshire.