Landlord & Tenant Disputes

Whether you are a landlord or a tenant of residential or commercial properties held under Assured Shorthold Tenancies or short or long leases, we can help you with a number of legal services from assistance in the management of your rental property if you are a landlord to peaceably enjoying your interest in the property if you are a tenant.

Residential Landlord and Assured Shorthold Tenancies

We understand that as landlords of Assured Shorthold Tenancies, there are a number of reasons when you will need legal assistance.  These include the recovery of rent arrears, stopping a tenant from causing a nuisance to others and regaining possession of your property.

Our team at Rawlins Davy solicitors have a wealth of experience and offer fixed fee services to cater for your needs in the most efficient way for you.  In terms of regaining possession of your property, our solicitors will help you to decide the best way to serve the appropriate notices with the relevant procedures to follow for your circumstances including arranging enforcement action where necessary.

There are two forms of notices under the Housing Act:

Section 21 Notice

This is often known as a “no fault eviction” and is applicable in most cases and where there is a written Assured Shorthold Tenancy that was made after 27th February 1997.  We will consider the terms of your tenancy agreement and prepare the relevant notice which will provide the tenant with two months’ notice in accordance with the Housing Act (or more if the rent is payable more than on a monthly basis) and proceed with drafting and issuing the court documents, attending a court hearing (if one is required), obtaining a possession order and arranging for enforcement if the tenant does not leave by the required date to enable your property to be returned to you.

There have been numerous changes to this are of law over the years.  We will ensure and the tenant has been served with all of the correct information which is required prior to the Section 21 Notice being served.

Our pricing for this procedure is as follows:

£100 plus VAT for checking the terms of the tenancy agreement and the relevant documents that have been served and serving the Section 21 Notice (there may be additional charges if the landlord has not provided the tenant with the required documents).

£500 plus VAT for preparing and issuing proceedings and gaining possession, without the need for a hearing, including enforcement action where necessary.  This will not include the court fees payable to the court for issuing proceedings or instructing court bailiffs where required.

There may be additional charges where a court hearing is necessary or where a matter becomes protracted by the other party.

Section 8 Notice

The Housing Act sets out what are known as “mandatory” and “discretionary” grounds which a court must follow when ordering possession.

These grounds include issues such as the non-payment of rent, where the tenant concerned is causing a nuisance or where a property is being used illegally.

We will check the terms of the tenancy agreement, prepare the relevant notices, explain the applicable procedure to you, draft, prepare and issue the relevant court proceedings including witness statements to assist you and represent you at court hearings.

Our prices are as follows:

£100 plus VAT for checking the tenancy agreement and serving the requisite notice if straightforward (there may be additional fees if it is a complicated matter).

£800 plus VAT for preparing and issuing proceedings and attending one court hearing on your behalf to regain possession.  There will be additional fees if more than one hearing is required and this does not include the court fees or court fees payable to the court.

It may be necessary in some circumstances to send both a Section 21 Notice and a Section 8 Notice and our team will advise you accordingly.

In an era where the courts are becoming stricter in ensuring that notices have been validly served and are quick to dismiss cases where they have not been, or where the required information has not been provided to the tenant, it is essential that you seek legal advice at the earliest opportunity.

Tenants

If you are a tenant and either a Section 21 Notice or Section 8 Notice has been served on you, we are able to advise you as to whether the notices have been validly served and the best way to resolve issues for your situation.  We would be happy to provide you with a quotation for the service that you require.

Contact a member of our team today.

Shami Duggal

Martin Davies

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Rawlins Davy (est. 1832) Solicitors & Mediators for Business and Private Clients.

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