The Private Rented Sector has almost doubled in size over the past decade – with potential for significant further increase as a viable alternative owner-occupation. Renting property can offer a solution that benefits both parties: a symbiotic relationship between landlords and tenants.
There are many examples of the landlord / tenant relationship working without incident for long periods of time, including rising numbers of ‘lifelong tenants’. However, there are occasions when the agreement breaks down and you need to know what your options are.
So what do you do when something goes wrong?
In this scenario, many landlords are left wondering “How do I get my property back?”, “How can I cover the cost of any damage?” or even “Where on earth do I start?”. Your managing agent is no-doubt a great source of knowledge, but they are not able to give specific legal advice.
The devil, as they say, is in the detail. Whilst you may have fulfilled all your obvious obligations, and while the problems may rest with the tenant, it is all too easy to trip up and fall foul of the law. It’s rather like a game of Snakes & Ladders – you’re following the process to the letter, climbing up that ladder, then one wrong move and you’re sliding down the snake – back to Square 1.
Getting the right advice
For property managers, complex legislation can feel like a minefield, and even the most seasoned landlord can experience the occasional legal boobytrap. There are variations of notices to consider, strict timings and dates to adhere to (not forgetting any public holidays or special circumstances), and a raft of documentation that must be in order.
To make matters worse, should you ultimately need the Court to intervene, there are currently delays of months (sometimes longer) to list a Hearing. Imagine the frustration when you go to issue proceedings, or set out your case, only to find Notices were served incorrectly, or you failed to comply with the full requirements at the start of the tenancy.
Defended claims
It is also possible that your tenants will try to defend their case. There may be a counter claim, for example, that the property has not been adequately maintained. This will require specialist advice from a trained solicitor, they will need to assess the validity of the claim and how it may impact the outcome in Court.
Getting the right, legally trained advice can prevent further loss of time and money, bringing the situation back under your control.
