Possession – A landlord’s right

houses_terracedThere are approximately 4 million homes rented privately in England and it is predicted that the private-rented sector will reach 20% of total households by 2016. It is therefore not a big surprise that things sometimes go wrong and a landlord will need to seek possession of their property or recover lost earnings.

In the event that a landlord has repossessed their property for whatever reason landlords should make sure that they do it by the book and according to the law. There are a number of reasons for terminations to be aware of.

1) Major renovation

Properties do get worn over the years or a property could be hit by weather damage, subsidence or a number of other unfortunate problems and sometimes the only way to make sure that the property is fit for purpose is to do major repairs which means the property may need to be empty.

2) Selling the property

You have the right to sell the property when the time comes to do so. 

3) Arrears

If you experience arrears you must make sure that you deal with the situation quickly, otherwise it could spiral out of control leaving you out of pocket.

4) Abandonment

Abandonment is a difficult situation, and thankfully doesn’t happen very often, but when it you must make sure that the property has definitely been abandoned before entering and re-letting the property.

5) Bad tenants relations

Another unfortunate situation is when relationships between tenant and landlord break down. This can leave you in a very difficult situation and if you don’t deal with it quickly and professionally you could lose out on a lot of rent as well as upsetting neighbours.

What to do

Regaining possession of your property can be costly, aside from losing rent there are also the costs associated with getting the property back, from court costs to legal advice.

You have a few options available to you should you need to gain possession of your property. There is the Section 8 notice, this is not an ideal route as it is both costly and time consuming and in cases such as arrears where a tenant need to be two months behind, if some of the rent is then paid during the process of seeking a court order you will have to wait and start again.

The more common option is a Section 21 notice. This will need to be served with two month’s notice either leading up to the end of the AST or after the AST has run out. You must also ensure that you have followed the law and protected the deposit properly.

NLA options

This is just a snap shot of what can happen and what you can do. The NLA is constantly looking for ways to make things simpler and easier for you. The NLA has therefore launched two new services. The services have been set up to help landlords who have the unfortunate duty of repossession.

The first aims to help landlords regain possession of their property while the other looks to recover lost rent.

  • NLA Property Repossession: a service for landlords looking to legally evict their tenants and repossess their property.
  • NLA Rent Recovery: a service to help landlords recover any losses in rent from past or existing tenants.

Both services will be hosted on one website: www.nlarepossessionandrecovery.org.uk.

Key benefits:

  • Fully automated online ordering system for property repossession and rent recovery.
  • Online case management system to track all cases/orders.
  • Free Support Line.
  • Fixed price solutions, no additional costs.
  • Accelerated eviction times through High Court Sheriffs.
  • Discounted prices for NLA Full Members.

The service provides FREE property repossession and rent recovery advice for registered users.  The telephone number is 0845 030 5175 should you require it.

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