We have years of experience and expertise in this area. It’s a tricky sector that can be a legal minefield. This is why proper legal support and guidance is essential. We’ll deal quickly and efficiently with all landlord and tenant related disputes for both commercial and residential properties.
We’ll sit down with you and carefully examine your individual case. We’ll use our specialist expertise to look at the most appropriate options. Our aim is to ensure the matter is resolved quickly, efficiently and conveniently whilst also ensuring that any action you take is in your best interests.
Remember – both tenants and landlords have rights and obligations. This can result in unpleasant disagreements and complex disputes. These are just some of the issues that can arise –
Are you a residential landlord? If so, it could be that one of your biggest concerns relates to tenant eviction. Perhaps the tenant has broken the terms of their agreement, for example, by not paying their rent. Or it could simply be that you need to re-possess the property for your own use or you have a preferred tenant you wish to install.
Under section 21, (once the initial fixed term of the tenancy has expired) the landlord can terminate the tenancy by giving the tenant at least 2 months’ written notice. This is a formal notice, which we draft on your behalf and serve on the tenant. There’s no mention of rental arrears or breach of tenancy. Essentially it allows a landlord to evict a tenant without needing to give a reason or justify the decision to evict. If a landlord wants possession in order, say, to let the property to someone else or to sell the property, then this is the best route.
Section 8 is the section to use when the tenant has broken a term (or terms) of the tenancy agreement, e.g. to pay rent. In fact, most evictions through the section 8 procedure are due to non-payment of rent.
You need to decide what is more important to you. Is your priority to obtain possession of the premises quickly, with your secondary concern being recovery of the outstanding rent? If so, section 21 would be the more appropriate route to follow.
However, if your greater concern is to recover the rent arrears (or at least to obtain judgment against the tenant in respect of the arrears) while possession of the property is a secondary consideration, perhaps the section 8 route would be the better.
We’d be delighted to discuss the section 8 and section 21 options and to advise which would be best for your situation.
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