Burnetts Assured Shorthold Tenant Eviction Scheme

Save this PDF as:
Size: px
Start display at page:

Download "Burnetts Assured Shorthold Tenant Eviction Scheme"

Transcription

1 Burnetts Assured Shorthold Tenant Eviction Scheme Here at Burnetts we have a wealth of experience in dealing with the legal problems which both private and public landlords face on a daily basis. We are therefore able to deal in a businesslike and effective way with landlords problems relating to assured shorthold tenancies. The service we offer relates to assured shorthold tenancies and is based on 3 stages, for each of which there is a fixed charge. There are no hidden extras: the quoted is the price you pay. Fixed charge price list from 24 January 2013 Stage 1 Stage 2 Stage 3 Section (plus VAT) Court Fee: Burnetts Fees: VAT Court Fee: Burnetts Fees: VAT Section 8 (within Cumbria) (plus VAT) Court Fee: or Burnetts Fees: VAT Court Fee: Burnetts Fees: VAT Section 8 (outside Cumbria) (plus VAT Court Fee: or Burnetts Fees: VAT + agent s fee for attendance at hearing of VAT) Court Fee: Burnetts Fees: VAT The charges above relate to property in England and Wales let under an assured shorthold tenancy. An explanation is given overleaf concerning sections 21 and 8. Stage 1 We will take your instructions and check your tenancy agreement and tenancy deposit paperwork. We will then prepare the case against the tenant and serve the appropriate notice(s). All notices are served by first class recorded delivery. Personal service, while not required, can be arranged at an extra charge. Stage 2 We will draft and issue County Court proceedings and attend ourselves or where necessary by agents on your behalf at the first (and, in most cases, the only) court hearing.

2 Subject to the matter being undefended, at the end of Stage 2 you will obtain a possession order ordering the tenant(s) to vacate your property by a date set by the court. Stage 3 Unfortunately it is necessary in some cases to progress to Stage 3. That happens when the tenant has failed to vacate the property by the date fixed for possession by the court. We will then complete the necessary paperwork and apply to the court for a warrant to allow the bailiff to evict the tenant(s) from the property. The bailiff has, if required, the power to force entry into the property and to remove forcibly the tenant(s) and any other occupants of the property. In most cases bailiff intervention is not required. However, there are some persistent bad tenants who will not leave until the bailiff evicts them.

3 Considerations when deciding to evict tenant(s) using section 21 or section 8 of the Housing Act 1988 (as amended) An assured shorthold tenancy gives the tenant no security of tenure. In other words, it is relatively straightforward to obtain a possession order by commencing proceedings. An assured shorthold tenancy can be terminated principally by reliance on section 21 or section 8 of the Housing Act 1988 (as amended). Section 21 Under Section 21, (once the initial fixed term of the tenancy has expired) the tenancy can be terminated by giving the tenant not less than 2 months written notice. That is a formal notice, which we draft on your behalf and serve on the tenant. It does not state that there are any arrears of rent or that there has been a breach of the tenancy. Essentially it allows a landlord to evict a tenant without needing to give a reason or justify the decision to evict. It is therefore the best route if a landlord wants possession in order, say, to let the property to someone else or to sell the property. The expiry date of the notice is dependent on the date the notice is given, upon the dates of the original agreement and of any subsequent agreements and/or upon the due date for the rent to be paid. We will ensure that the dates in the notice are correct and that is why we will need at the outset to see any written tenancy agreement and the tenancy deposit details. Once a notice has been served, we must wait until it has expired. We are able then to apply to the court for a possession order, all being well by an accelerated process applicable specifically to assured shorthold tenancies. All the necessary paperwork and correspondence are dealt with by us. It is, however, not uncommon for tenants to leave without the need for a court order, once the initial notice has been served. Once the papers have been received by the County Court, copies are sent to the tenant. If the tenant has a defence, he/she should notify the court within 14 days. If the court feels that there may be an arguable defence, it will list the matter for a hearing. However, most tenants do not have a valid defence. For example, inability to pay rent because of an employment problem is not a defence. In those instances where a section 21 eviction is successfully defended it is usually because the original notice was defective or the deposit was not paid into a tenancy deposit scheme as required by law. If the section 21 route is used, you cannot make a claim for rent arrears. However, because a section 21 claim is not easily defended, it may be more cost effective to evict your tenant by that means and then to instruct our debt recovery service to recover your rent arrears.

4 Section 8 Section 8 is the appropriate 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. The first step is for a notice to be served on the tenant, seeking possession. The notice must be in a prescribed form and, if it is not, the ensuing court proceedings will be invalid. Although it is not the only basis for issuing a notice seeking possession, in what follows we concentrate on non-payment of rent. In the notice seeking possession we would give the tenant 2 weeks to bring the arrears up to date, after which time proceedings would be brought for both a possession order (to obtain possession of the property) and a monetary judgment in respect of the rent arrears. A drawback of the section 8 procedure is that the accelerated process referred to above is not available and therefore the court will list the matter for a short hearing, usually several weeks ahead. Often a tenant will not attend the hearing, with the result that a final possession order will be made in his/her absence, requiring possession to be given up within 28 days. A tenant who does attend will often argue that he/she cannot afford to pay much towards the arrears. If he/she is able to offer an amount towards the arrears which the court considers reasonable, on top of the usual monthly rent, the court has a discretion not to make a final possession order, but instead will probably make a suspended order for possession, i.e. an order suspended on condition that the tenant maintains regular payments towards the arrears, as well as paying the rent as it falls due. If the tenant fails to maintain those payments, an application can be made to the court for a warrant seeking possession of the property. Which route is better for me? From what is said above, you need to decide what is more important to you. Is your priority obtaining 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. 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. When considering whether to try to obtain possession of your property a factor to bear in mind, is the possibility that the property may stand vacant for some time while you try to find a new tenant. If the tenant is not paying any rent whatsoever, it would probably be in your interests to obtain possession as soon as possible, so that you can then start the process of re-letting, while carrying out any necessary remedial/maintenance work.

5 We at Burnetts are always happy to discuss the section 8 and section 21 options and to advise which will be more suitable in your particular circumstances. With Burnetts Assured Shorthold Tenant Eviction Scheme, the whole process is dealt with by experienced legal professionals. Fixed Charge Step 1 What is covered by our fixed charges? We will prepare and serve (by first class recorded delivery) either a section 8 or a section 21 notice (or both) on your tenant. For that purpose we will require from you a copy of the tenancy agreement, the tenancy deposit paperwork and a fully up to date and factually correct schedule of rent arrears and of any payments made in respect of those arrears. Notices will be prepared on the basis of the information, which you provide, and we shall assume that all such information is correct. Burnetts cannot be held responsible if any notice should be invalid by reason of incorrect information provided by you. In the event that a case becomes defended, our fixed charge service will no longer apply. However, we can deal with defended matters at competitive rates. Step 2 Possession Proceedings We will prepare the necessary papers for the commencement of the appropriate possession proceedings in the County Court, strictly in accordance with your instructions. Therefore, if you instruct us to commence an action based on a section 8 notice, we shall do so. If you instruct us to commence an action based on a section 21 notice, we shall do so. We will liaise with the court and deal with all the court papers. We prepare all necessary witness statements and will make arrangements to attend the first hearing on your behalf. Our Step 2 fixed charge is limited to one court attendance. Should the court adjourn the hearing for whatever reason and require subsequent attendances, we will notify you in advance of the further charge(s), to which that will give rise for you. Defended Cases If your case is defended by the tenant or if other circumstances arise, which are not covered by our fixed charge service, our charges will be based upon the time we spend in dealing with your case. Full details of the competitive hourly rates applicable will be sent to you, when we receive your initial instructions. General The information on the pages relating to our fixed charge assured shorthold tenancy eviction scheme is intended to provide general information only. The contents of the website are not aimed at any person, individual or organisation specifically and nothing within it constitutes an offer to contract. Burnetts reserve the right to cancel, withdraw or change their services at any time. If you terminate your instructions or if we stop acting for you for good reason, you will still have to pay our charges and disbursements up to the date that we cease acting, including costs for removing our name from the court record if court proceedings are under way and transferring our file(s) to you or to another adviser.

6 As we are regulated fully by the Solicitors Regulation Authority, full client care details will be sent to you as soon as we receive your instructions. Our charges and other costs Except where stated otherwise all work described on the pages relating to our fixed charge assured shorthold tenancy eviction scheme is carried out on a fixed charge basis, which includes court fees where stated above.

Briefing Note: Residential Possession Proceedings

Briefing Note: Residential Possession Proceedings Introduction Landlords frequently wish to recover possession of a let residential property if (a) the tenant is in arrears of rent, (b) the tenant has breached other terms of the tenancy agreement e.g.

More information

Landlord Legal Services Our Fees

Landlord Legal Services Our Fees Landlord Legal Services Our Fees Kirwans is regulated by the Solicitors Regulation Authority No: 71723. VAT No: 595 5994 62 About Us Kirwans deliver practical and effective legal advice to residential

More information

Guide To Recovering Possession Of Residential Property

Guide To Recovering Possession Of Residential Property Guide To Recovering Possession Of Residential Property This Guide provides an overview of how a landlord can obtain possession of a rented residential property. It describes the type of notice to serve

More information

Guidance. For use in England and Wales only. Form N5B - Claim for possession of property (accelerated procedure)

Guidance. For use in England and Wales only. Form N5B - Claim for possession of property (accelerated procedure) Guidance For use in England and Wales only Form N5B - Claim for possession of property (accelerated procedure) Contents Introduction Before you begin Types of tenancy agreements Tenancies protected by

More information

How to handle the eviction process GUIDE. Protecting the things that matter most

How to handle the eviction process GUIDE. Protecting the things that matter most How to handle the eviction process GUIDE Protecting the things that matter most How to handle the eviction process Evicting tenants is often a fraught process for landlords, but the costs can be especially

More information

Landlord and Tenant Action from Attwells Solicitors

Landlord and Tenant Action from Attwells Solicitors Landlord and Tenant Action from Attwells Solicitors A Nationwide, fast, and economical process for obtaining Possession Orders from Court against tenants who you want to leave. It s every landlord s worst

More information

Help for landlords. 40+ years collective experience of dealing with possession claims for a variety of landlords and businesses;

Help for landlords. 40+ years collective experience of dealing with possession claims for a variety of landlords and businesses; Help for landlords Whether you are a landlord renting out one or multiple properties or a managing agent, unavoidable issues with tenants can arise at any time. We appreciate how stressful this can be

More information

Residential Buy to Let Landlords Administration of Estates

Residential Buy to Let Landlords Administration of Estates Residential Buy to Let Landlords Administration of Estates What you need to know Many people invest in a buy to let property as part of their portfolio of investments. The law and procedure in relation

More information

Welcome to Advice Direct..., the written information service from Guild Advice.

Welcome to Advice Direct..., the written information service from Guild Advice. EVICTION Welcome to Advice Direct..., the written information service from Guild Advice. This leaflet is designed to provide you with information on eviction and how to deal with it. The guide focuses

More information

Deed of Guarantee (Limited)

Deed of Guarantee (Limited) Deed of Guarantee (Limited) IMPORTANT WARNING TO INTENDED GUARANTOR/S: By signing this document you agree to underwrite the rental and other responsibilities of the Tenant under his/her tenancy agreement.

More information

LETTING & MANAGMENT TERMS AND CONDITIONS

LETTING & MANAGMENT TERMS AND CONDITIONS LETTING & MANAGMENT TERMS AND CONDITIONS Thank you for instructing Blackstones Residential to act on your behalf in marketing your property for rental. Our terms and conditions are detailed in the following

More information

Claim form for possession of a property located in England

Claim form for possession of a property located in England Claim form for possession of a property located in England (accelerated procedure) (assured shorthold tenancy) Name of court Claim no. Fee Account no. Help with Fees - Ref no. (if applicable) H W F Is

More information

HORIZON HOUSING ASSOCIATION ABANDONMENT AND REPOSSESSION OF PROPERTY POLICY DRAFT APPROVED: 18 JUNE 2015 EFFECTIVE DATE: 18 JUNE 2015

HORIZON HOUSING ASSOCIATION ABANDONMENT AND REPOSSESSION OF PROPERTY POLICY DRAFT APPROVED: 18 JUNE 2015 EFFECTIVE DATE: 18 JUNE 2015 HORIZON HOUSING ASSOCIATION ABANDONMENT AND REPOSSESSION OF PROPERTY POLICY DRAFT APPROVED: 18 JUNE 2015 EFFECTIVE DATE: 18 JUNE 2015 REVIEW DATE: JUNE 2018 POLICY: ABANDONMENT AND REPOSSESSION OF PROPERTY

More information

Letting out your property

Letting out your property Letting out your property 1. Property insurance Please ensure that your insurance company is notified that the property is let so that full cover can be maintained. 2. Arrears The mortgage account must

More information

Residential Possession Proceedings Briefing Note

Residential Possession Proceedings Briefing Note Residential Possession Proceedings Briefing Note If you are Letting Agent, Landlord or just letting out your property to Tenants don t make expensive mistakes which may cause distress, upset and expense

More information

Rent Arrears - Possession Action

Rent Arrears - Possession Action D3 Rent Arrears - Possession Action 1 Conditions 1.1 Before an application for a Court hearing can be made, the following conditions should be met; Every attempt to contact the tenants must have been tried,

More information

Five Costly Mistakes Landlords Make and How to Avoid Them. Introduction 3. Mistake #1 Relying too heavily on Agent s tenancy checks 4

Five Costly Mistakes Landlords Make and How to Avoid Them. Introduction 3. Mistake #1 Relying too heavily on Agent s tenancy checks 4 Contents Introduction 3 Mistake #1 Relying too heavily on Agent s tenancy checks 4 Mistake #2 Not serving Section 21 Notice at start of tenancy 4 Mistake #3 Not understanding the difference between a Section

More information

Letting out your property

Letting out your property Letting out your property England and Wales EXPLANATORY NOTES CONCERNING YOUR MORTGAGE IMPORTANT: Please read these notes before you fill in and sign the tenancy application. 1. Property insurance Please

More information

Specimen. Specimen. Specimen. Specimen. pecimen

Specimen. Specimen. Specimen. Specimen. pecimen This is a form of legal document and is not produced or drafted for use without technical assistance, by persons unfamiliar with the law of landlord and tenant. I F E I T H E R P A R T Y D O E S N O T

More information

Tenancy Policy Dale & Valley Homes Durham City Homes and East Durham Homes

Tenancy Policy Dale & Valley Homes Durham City Homes and East Durham Homes Tenancy Policy Dale & Valley Homes Durham City Homes and East Durham Homes Version Author Date Review date Comments/amendments This policy outlines the way in which County Durham Housing Group and the

More information

ENFORCEMENT OF POSSESSION ORDERS

ENFORCEMENT OF POSSESSION ORDERS ENFORCEMENT OF POSSESSION ORDERS INTRODUCTION EVICTIONS Orders for possession can be enforced by County Court Bailiffs under a warrant, but many private landlords have found that this can be a lengthy

More information

Assured Shorthold Tenancy - Possession For Arrears

Assured Shorthold Tenancy - Possession For Arrears Assured Shorthold Tenancy - Possession For Arrears Reports in recent press have highlighted the huge rise in rent arrears in the rented housing sector (both social housing and private landlord) in the

More information

Tenancy Deposit Protection

Tenancy Deposit Protection Tenancy Deposit Protection Prescribed information for the purposes of section 213(5) of the Housing Act 2004, and in accordance with Statutory Instrument 2007 No 797, the Housing (Tenancy Deposits) (Prescribed

More information

Talk contents: Bad signs. Remember: Dealing with Tenants Rent Arrears. PART 1 Choosing the tenants. Avoiding bad tenants

Talk contents: Bad signs. Remember: Dealing with Tenants Rent Arrears. PART 1 Choosing the tenants. Avoiding bad tenants Talk contents: Dealing with Tenants Rent Arrears By Tessa Shepperson, Solicitor www.landlordlaw.co.uk www.landlordlawblog.co.uk Part 1 Choosing the tenants Part 2 First default Part 3 - Possession proceedings

More information

Housing. Adviser learning programme. Module: Core learning. May 2016

Housing. Adviser learning programme. Module: Core learning. May 2016 Adviser learning programme Module: Core learning Contents Section 1 - Introduction...3 Section 2 Jargon list...6 Section 3 Importance of housing status...8 Section 4 Housing history...11 Section 5 Identifying

More information

Prescribed Information and suggested clauses for tenancy agreements and terms of business

Prescribed Information and suggested clauses for tenancy agreements and terms of business Prescribed Information and suggested clauses for tenancy agreements and terms of business For Letting Agents Updated June 2016 Tel: 0300 037 1000 Email: deposits@tenancydepositscheme.com www.tenancydepositscheme.com

More information

ASSIGNMENTS & OTHER TENANCY CHANGES

ASSIGNMENTS & OTHER TENANCY CHANGES POLICY: ASSIGNMENTS & OTHER TENANCY CHANGES 1.0 Introduction 1.1 This policy is designed to give guidance on tenancy changes that may occur in TVH s General Needs housing. 1.2 There are many reasons why

More information

Guide to Taking a Rent Arrears Case to VCAT

Guide to Taking a Rent Arrears Case to VCAT Guide to Taking a Rent Arrears Case to VCAT CEHL June 2010 -2- Guide to Taking a Rent Arrears Case to VCAT INTRODUCTION CERCS are required to exercise their rights and obligations as a landlord, and it

More information

RICS PRESENTATION: 6 TH JUNE 2018 PUTTING THE BRAKES ON: DECELERATING THE ACCELERATED POSSESSION PROCEDURE PROBLEMS WITH AIRBNB-STYLE LETTINGS

RICS PRESENTATION: 6 TH JUNE 2018 PUTTING THE BRAKES ON: DECELERATING THE ACCELERATED POSSESSION PROCEDURE PROBLEMS WITH AIRBNB-STYLE LETTINGS RICS PRESENTATION: 6 TH JUNE 2018 PUTTING THE BRAKES ON: DECELERATING THE ACCELERATED POSSESSION PROCEDURE PROBLEMS WITH AIRBNB-STYLE LETTINGS Simon Wood Barrister Hart Brown PUTTING THE BRAKES ON: DECELERATING

More information

Prescribed Information and Clauses

Prescribed Information and Clauses Who should read this? How To (Pre-Tenancy) Tenants Agents Landlords Prescribed Information and Clauses Contents What has changed? 03 Guidance on issuing Prescribed Information for ASTs 04 Section A Prescribed

More information

Demoted Tenancies Your Questions Answered

Demoted Tenancies Your Questions Answered Demoted Tenancies Your Questions Answered This leaflet answers a number of questions about your rights and responsibilities as a Demoted tenant. Please see the Tenancy policy and your tenancy agreement

More information

Terms of Business, Landlord Insurances & Property Information (v2.0)

Terms of Business, Landlord Insurances & Property Information (v2.0) Terms of Business, Landlord Insurances & Property Information (v2.0) 1 General Agreements 1.1 By signing this document, The Landlord is appointing Belvoir! as The Agent. The Landlord confirms that he has

More information

Letting out your property

Letting out your property Letting out your property Northern Ireland EXPLANATORY NOTES CONCERNING YOUR MORTGAGE IMPORTANT: Please read these notes before you fill in and sign the tenancy application. 1. Property insurance Please

More information

PURPOSE FOR WHICH TO BE USED

PURPOSE FOR WHICH TO BE USED The Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004 Made 30th March 2004 Laid before Parliament 6th April 2004 Coming into force 1st June 2004 The First Secretary of State, as respects

More information

ASSIGNMENTS & OTHER TENANCY CHANGES. 2.1 We will deal with all tenancy changes in line with relevant legislation.

ASSIGNMENTS & OTHER TENANCY CHANGES. 2.1 We will deal with all tenancy changes in line with relevant legislation. POLICY: ASSIGNMENTS & OTHER TENANCY CHANGES 1.0 Introduction 1.1 This policy relates to general needs stock owned and managed by Thames Valley Housing Association, as well as stock previously under the

More information

A Guide to our Landlord Services for Long Term Rentals.

A Guide to our Landlord Services for Long Term Rentals. A Guide to our Landlord Services for Long Term Rentals. Welcome to Islands & Highlands Lettings 2 Islands & Highlands Lettings are the local letting agency for the Isle of Skye and Lochalsh. With over

More information

Fees Examples. Please contact us for a detailed estimate specific to your proposed instruction.

Fees Examples. Please contact us for a detailed estimate specific to your proposed instruction. Fees Examples In order to comply with the requirements of the SRA Transparency Rules 2018, please see below worked examples of our fees in the following practice areas; Immigration, Probate, Conveyancing

More information

End of fixed term tenancy policy

End of fixed term tenancy policy End of fixed term tenancy policy This policy replaces the related clauses of the Tenancy Policies of Circle 33 and Affinity Sutton Homes (AS) and the AS Fixed Term Tenancy Management Procedure. 1. Purpose

More information

Section 21 Procedure

Section 21 Procedure Section 21 Procedure Ben Fullbrook Introduction What is an Assured Shorthold Tenancy? The section 21 procedure: what, how and when to serve? What is the effect of the notice? 1 What is an Assured Shorthold

More information

The Benefits Of Using Bluewood Letting

The Benefits Of Using Bluewood Letting The Benefits Of Using Bluewood Letting Introduction to Our Rental Services There are many benefits to using Bluewood Letting, we have outlined some below. Please read through this information pack as it

More information

tenancy agreements What to look for in a tenancy agreement ueastudent.com/advice

tenancy agreements What to look for in a tenancy agreement ueastudent.com/advice tenancy agreements What to look for in a tenancy agreement. 1 What do I have to sign to rent a house? When you sign up for a rented house, you will have to sign a tenancy agreement. A tenancy agreement

More information

CONSENT TO LET APPLICATION FORM

CONSENT TO LET APPLICATION FORM CONSENT TO LET APPLICATION FORM To allow us to consider your request please send us the fully completed consent to let application form. IMPORTANT INFORMATION If consent is granted you will be charged

More information

The Right to Acquire. Contents. Contents Making an informed decision Can you buy your home? How to buy your home 7. 4.

The Right to Acquire. Contents. Contents Making an informed decision Can you buy your home? How to buy your home 7. 4. The Right to Acquire Contents Contents 1 1. Making an informed decision 3 2. Can you buy your home? 7 3. How to buy your home 7 4. Discount 9 5. Repairs 10 6. Problems with the buying procedure 10 7. Who

More information

Blue Bubble Lettings Limited Landlord Terms of Business Fully Managed Service

Blue Bubble Lettings Limited Landlord Terms of Business Fully Managed Service Blue Bubble Lettings Limited Landlord Terms of Business Fully Managed Service This agreement is made between the Landlord(s) of the property and Blue Bubble Lettings Limited, acting as the Landlord s Agent.

More information

Paradigm Housing Group Tenure Policy

Paradigm Housing Group Tenure Policy Paradigm Housing Group Tenure Policy April 2017 Policy Title Tenure Policy Policy statement Objective Background As a Private Registered Provider of homes, Paradigm is committed to letting our properties

More information

Your Guide to Resales

Your Guide to Resales Your Guide to Resales How To Sell Your Shared Ownership Home Resales Selling your Home with Estuary Housing Association Limited As a Shared Owner with Estuary Housing Association Limited (EHA), we recognise

More information

April Adviser learning programme. Housing. March 2011

April Adviser learning programme. Housing. March 2011 CP17 Housing Housing April 2013 The NHAS is a partnership between Shelter and the CAB Service, funded by the government (CLG). Its aim is to prevent and alleviate homelessness by enabling bureaux and other

More information

S75A and Disruptive Behaviour Management Unit (DBMU) Fact Sheet

S75A and Disruptive Behaviour Management Unit (DBMU) Fact Sheet S75A and Disruptive Behaviour Management Unit (DBMU) Fact Sheet The Department of Housing s Disruptive Behaviour Management Policy In May 2011 the Western Australian Government's Disruptive Behaviour Management

More information

Agency Agreement. Additional items and other expenses will be charged according to the scale of fees defined on page two.

Agency Agreement. Additional items and other expenses will be charged according to the scale of fees defined on page two. Agency Agreement This Agreement is made between the Landlord of the Property (as named at the end of this Agreement) and Pavilion Properties Ltd who agree to act as agent for the Landlord and are hereinafter

More information

FLEXIBLE TENANCIES CONTENTS FLEXIBLE TENANCIES: BACKGROUND SCOPE OF THIS NOTE

FLEXIBLE TENANCIES CONTENTS FLEXIBLE TENANCIES: BACKGROUND SCOPE OF THIS NOTE 7 FLEXIBLE TENANCIES This document is published by Practical Law and can be found at: uk.practicallaw.com/9-556-9006 Request a free trial and demonstration at: uk.practicallaw.com/about/freetrial A note

More information

The following services include:

The following services include: The following services include: Tenant Introduction Full Market Appraisal Advertising and Marketing Accompanied Viewings Tenant Referencing Assured Shorthold Tenancy Agreement Inventory and Schedule of

More information

Mutual Exchanges Policy

Mutual Exchanges Policy Mutual Exchanges Policy December 2017 Website 1 1.0 Introduction 1.1 CHS Group is committed to offering mobility opportunities to its tenants who wish to move. Mutual exchanges provide them with an opportunity

More information

Mutual Exchange Policy

Mutual Exchange Policy Page 1 of 7 1.0 Introduction Mutual Exchange Policy 1.1 Coastline is committed to offering mobility opportunities to its customers who wish to move. Mutual exchanges provide them with an opportunity to

More information

ASSURED SHORTHOLD TENANCY AGREEMENT for letting a residential dwelling

ASSURED SHORTHOLD TENANCY AGREEMENT for letting a residential dwelling ASSURED SHORTHOLD TENANCY AGREEMENT for letting a residential dwelling Important Notes for Tenants This tenancy agreement is a legal and binding contract and the Tenant is responsible for payment of the

More information

2.1 The Independent Expert valuer s charges will be in accordance with the following table. VAT will require adding to the charges quoted here.

2.1 The Independent Expert valuer s charges will be in accordance with the following table. VAT will require adding to the charges quoted here. Introduction 1.1 The ALMR, BII, BBPA, GMV and FLVA have been approached by both landlords and licensed property tenants to put into place an efficient, equitable but cost effective means of obtaining the

More information

This document contains copies of training materials supplied to us during the training sessions.

This document contains copies of training materials supplied to us during the training sessions. This document contains copies of training materials supplied to us during the training sessions. These materials were produced for use within a lecture on a particular date and should be treated accordingly.

More information

TENANCY AGREEMENT for letting a furnished/unfurnished dwelling-house on an assured shorthold tenancy under Part 1 of the Housing Act 1988

TENANCY AGREEMENT for letting a furnished/unfurnished dwelling-house on an assured shorthold tenancy under Part 1 of the Housing Act 1988 TENANCY AGREEMENT for letting a furnished/unfurnished dwelling-house on an assured shorthold tenancy under Part 1 of the Housing Act 1988 DATE PARTIES 1. THE Landlord 2. THE Tenant Any reference to one

More information

Document control. Supercedes (Version & Date) Version 2 February 2017

Document control. Supercedes (Version & Date) Version 2 February 2017 Tenancy Policy Document control Document Reference / Version Number Version 3 November 2017 Title of Document Authors Name(s) Angela Havens Authors Job Title(s) Head of Income & Customer Support Directorate(s)

More information

1.5 Where a joint tenancy is granted all parties must be made aware that they is joint and several liability for the tenancy.

1.5 Where a joint tenancy is granted all parties must be made aware that they is joint and several liability for the tenancy. B7 Joint/Sole Tenancies 1 Policy 1.1 NEW TENANTS It is NCHA policy to grant joint tenancies to applicants who are couples who may be married or co-habitees, gay and lesbian partners, parents and children,

More information

AGREEMENT for an Assured Shorthold Tenancy under Part 1 of the Housing Act 1988

AGREEMENT for an Assured Shorthold Tenancy under Part 1 of the Housing Act 1988 AGREEMENT for an Assured Shorthold Tenancy under Part 1 of the Housing Act 1988 NOTES: This is a form of legal document and is not produced or drafted for use, without technical assistance, by person unfamiliar

More information

POLICY: SUCCESSION. 1.0 Introduction. 2.0 Policy Statement. 3.0 Objectives. 4.0 Background Legislation

POLICY: SUCCESSION. 1.0 Introduction. 2.0 Policy Statement. 3.0 Objectives. 4.0 Background Legislation POLICY: SUCCESSION 1.0 Introduction 1.1 This policy sets out Thames Valley Housing s (TVH s) position regarding the rights of a relative to take over a tenancy on the death of a tenant. Succession is the

More information

A guide to tenancies. When somebody rents a property in the UK, their tenancy is subject to various categories and conditions.

A guide to tenancies. When somebody rents a property in the UK, their tenancy is subject to various categories and conditions. A guide to tenancies When somebody rents a property in the UK, their tenancy is subject to various categories and conditions. In this guide, we ll examine different tenancy types, what should go in a tenancy

More information

What is the Tenancy Deposit Scheme?

What is the Tenancy Deposit Scheme? Your TDS guide to: What is the Tenancy Deposit Scheme? An advisory leaflet for landlords and tenants TDS Scheme Leaflet. 6th Edition, Revised April 2018 Rebranded 2017 TDS There is a printer-friendly version

More information

Tenancy Information Pack

Tenancy Information Pack Tenancy Information Pack This document contains information that you may find helpful during your tenancy. Please read through it and if you have any questions, don t hesitate to contact us. Information

More information

LANDLORDS TERMS AND CONDITIONS

LANDLORDS TERMS AND CONDITIONS LANDLORDS TERMS AND CONDITIONS AGENCY AGREEMENT Between Cloud9 Aspirational Property Management Limited The Old Chapel, 14 Fairview Drive, Redland, Bristol, BS6 6PH and Landlord s name/s (all joint landlords):..

More information

Letting out your property

Letting out your property Letting out your property Scotland EXPLANATORY NOTES CONCERNING YOUR MORTGAGE IMPORTANT: Please read these notes before you fill in and sign the tenancy application. 1. Property insurance Please ensure

More information

MAGNA HOUSING GROUP TENANCY POLICY

MAGNA HOUSING GROUP TENANCY POLICY 1. Introduction Version: 1 Approved by MHGL Board: 19/09/13 Effective: 07/04/14 Author: Elaine Crooke Equality Impact Assessment undertaken: 00/00/00 Total no of pages: 5 MAGNA HOUSING GROUP TENANCY POLICY

More information

Leases of land and/or buildings to sailing clubs generally fall within the provisions of Part II of the Landlord and Tenant Act 1954.

Leases of land and/or buildings to sailing clubs generally fall within the provisions of Part II of the Landlord and Tenant Act 1954. LEASE RENEWALS THE LANDLORD AND TENANT ACT 1954 Overview: Leases of land and/or buildings to sailing clubs generally fall within the provisions of Part II of the Landlord and Tenant Act 1954. The Act broadly

More information

renting a room from a resident landlord

renting a room from a resident landlord renting a room from a resident landlord Advice for students living in accommodation shared with their landlord. 1 When you share part of your accommodation with your Landlord, your rights will depend on

More information

Landlord & Tenant Helpsheet

Landlord & Tenant Helpsheet Landlord & Tenant Helpsheet Legalhelpers is strongly committed to providing quality legal assistance to landlords and tenants alike. Therefore, we have produced a range of documents obtainable to both

More information

LETTINGS & MANAGEMENT

LETTINGS & MANAGEMENT LETTINGS & MANAGEMENT Terms of Business Address of Property to be Let:.. Post code: www.drivers.co.uk sales lettings auctions management commercial surveyors TERMS OF BUSINESS Drivers & Norris agree to

More information

Useful Information for home owners. Service Charge Accounts

Useful Information for home owners. Service Charge Accounts Useful Information for home owners Service Charge Accounts What is a service charge? Service charges are charges billed to home owners for the cost of any repairs and services we provide during the year.

More information

Should you have any further queries, we would be pleased to assist.

Should you have any further queries, we would be pleased to assist. A TENANT S GUIDE TO RENTING Hilbery Chaplin has specialised in letting residential properties for many years and prides itself on a personal service to both landlord and tenant. This document is designed

More information

Assured and Assured Shorthold Tenancies. A guide for tenants. housing

Assured and Assured Shorthold Tenancies. A guide for tenants. housing Assured and Assured Shorthold Tenancies A guide for tenants housing Assured and Assured Shorthold tenancies Who should read this booklet? You probably need to read this booklet if you are renting, or thinking

More information

TENANCY AGREEMENT. (Hereinafter called "the Property")

TENANCY AGREEMENT. (Hereinafter called the Property) TENANCY AGREEMENT DATED The Property The Landlord The Tenant The Agent (Hereinafter called "the Property") c/o 2 nd Floor John Swift Building, 19 Mason Street, Manchester M4 5FT (Hereinafter called "the

More information

Property administration overview and risk warning notice

Property administration overview and risk warning notice Property administration overview and risk warning notice Overview of property administration You have informed us that you wish to purchase a property within your Scheme. Please complete and return to

More information

A guide to buying your council or housing association home

A guide to buying your council or housing association home A guide to buying your council or housing association home October 2016 Contents Part 1: Checklist to buy your council or housing association home Part 2: Right to Buy scheme guide Part 3 : Right to Acquire

More information

Notice that you must leave. a brief guide for landlords and tenants. housing

Notice that you must leave. a brief guide for landlords and tenants. housing Notice that you must leave a brief guide for landlords and tenants housing Notice that you must leave This booklet explains the basic rules about bringing a residential tenancy (or licence) to an end:

More information

Easy Location Ltd Landlord Agreement

Easy Location Ltd Landlord Agreement Easy Location Ltd Landlord Agreement Easy Location- Landlord Agreement Please note, all Easy Location Fees are subject to VAT unless stated otherwise Fully Managed Service Visit property advise of rents,

More information

Welcome to our Letting Services

Welcome to our Letting Services Welcome to our Letting Services www.abacuslettings.co.uk About Us While most letting agents make properties the focus of their business, we put our clients at the heart of ours. We hope to be your first

More information

What happens when the Court is involved in a tenancy deposit dispute?

What happens when the Court is involved in a tenancy deposit dispute? Who should read this? Key Documents Tenants Agents Landlords What happens when the Court is involved in a tenancy deposit dispute? Here are some pointers from TDS about choosing between sending a dispute

More information

Self-Help ekit. Tenant Eviction. Guidance Manual

Self-Help ekit. Tenant Eviction. Guidance Manual Self-Help ekit Tenant Eviction Guidance Manual Tenant Eviction 2 Important Facts about this Lawpack ekit This Lawpack ekit contains the information, instructions and forms necessary to evict your tenant

More information

What do I need to do as Agent/Deposit holder? Section A - Prescribed Information for ASTs. Section B - Clauses for inclusion in ASTs

What do I need to do as Agent/Deposit holder? Section A - Prescribed Information for ASTs. Section B - Clauses for inclusion in ASTs ```` Prescribed Information and Clauses for inclusion in Terms of Business, Assured Shorthold Tenancies (ASTs) and non- Assured Shorthold Tenancies (non-asts) Fourth edition effective from 6 th April 2011

More information

SERVICE LEVEL OPTION AGREEMENT

SERVICE LEVEL OPTION AGREEMENT SERVICE LEVEL OPTION AGREEMENT Letting Only Service We shall attend the Property and advise you on rent achievable, dependent upon market conditions and the condition of the Property. The Property will

More information

E S T A T E A N D L E T T I N G A G E N T S

E S T A T E A N D L E T T I N G A G E N T S E S T A T E A N D L E T T I N G A G E N T S www.whbreading.co.uk lettings@whbreading.co.uk 01795 531622 Why Choose WH Breading? WH Breading are an independent sales and lettings agent situated in the historic

More information

Pre-Action Protocol for Housing Disrepair Cases

Pre-Action Protocol for Housing Disrepair Cases Pre-Action Protocol for Housing Disrepair Cases [Prepared by the Housing Disrepair Protocol Working Party] PROTOCOLS Contents 1 Introduction 2 Aims of the protocol 3 Protocol 4 ALTERNATIVE DISPUTE RESOLUTION

More information

Who should read this? How To (Post-Tenancy) Tenants Agents Landlords. The dispute process

Who should read this? How To (Post-Tenancy) Tenants Agents Landlords. The dispute process Who should read this? How To (Post-Tenancy) Tenants Agents Landlords The dispute process You have reached the end of the tenancy but can t agree what should happen to the deposit. What should you do now?

More information

California Bar Examination

California Bar Examination California Bar Examination Essay Question: Real Property And Selected Answers The Orahte Group is NOT affiliated with The State Bar of California PRACTICE PACKET p.1 Question Larry leased in writing to

More information

INFORMATION FOR TENTANTS TERMS AND CONDITIONS OF BUSINESS FOR RESIDENTIAL LETTINGS

INFORMATION FOR TENTANTS TERMS AND CONDITIONS OF BUSINESS FOR RESIDENTIAL LETTINGS INFORMATION FOR TENTANTS TERMS AND CONDITIONS OF BUSINESS FOR RESIDENTIAL LETTINGS These terms and conditions are in addition to the contract provided by the tenancy agreement. They supplement the contract

More information

Once we have received your instructions we prepare marketing particulars and start marketing the property.

Once we have received your instructions we prepare marketing particulars and start marketing the property. TERMS & CONDITIONS INTRODUCTION The Service commences with an initial visit to the property in order to agree a suitable rental value and to discuss particulars pertaining to the property and the landlord.

More information

ASSURED SHORTHOLD TENANCY AGREEMENT

ASSURED SHORTHOLD TENANCY AGREEMENT Talbot Property Partners 870 The Crescent Colchester Business Park Colchester Essex CO4 9YQ Tel: 020 3161 6001 Fax: 020 3161 6011 ASSURED SHORTHOLD TENANCY AGREEMENT The PROPERTY The LANDLORD of Talbot

More information

Tenancy Policy March 2016

Tenancy Policy March 2016 Tenancy Policy March 2016 0. DOCUMENT CONTROL 0.1 SUMMARY This policy provides a summary of the types of tenancy which Golden Gates Housing Trust may use, how changes to a tenancy may occur during the

More information

Do you rent, or are you thinking of renting, from a private landlord? housing

Do you rent, or are you thinking of renting, from a private landlord? housing Do you rent, or are you thinking of renting, from a private landlord? housing What is the law? If you start renting a property now, the rent is less than 25,000 per year and you do not live in the same

More information

Common mistakes people make when moving house ( and how to avoid them)

Common mistakes people make when moving house ( and how to avoid them) Common mistakes people make when moving house ( and how to avoid them) For many people buying or selling a home is an extremely stressful experience. Usually the process involves a chain of transactions

More information

LANDLORD FEE INFORMATION

LANDLORD FEE INFORMATION LANDLORD FEE INFORMATION We are proud to be an ARLA Licensed member WWW.ARLA.CO.UK Client Money Protection (CMP) provided by: ARLA Independent Redress Provided by: The Property Ombudsmen Service Tenant

More information

What is the Tenancy Deposit Scheme?

What is the Tenancy Deposit Scheme? What is the Tenancy Deposit Scheme? An advisory leaflet for landlords and tenants Tel: 0300 037 1000 Fax: 01442 253193 Email: deposits@tds.gb.com www.tenancydepositscheme.com Tenancy Deposit Scheme, PO

More information

Private Sector Housing Fees & Charges Policy

Private Sector Housing Fees & Charges Policy APPENDIX C Private Sector Housing Fees & Charges Policy for the Regulation of Housing Standards Updated 1 August 2017 CONTENTS Page 1. Introduction 3 2. Purpose of the Fees & Charges Policy 3 3. Principles

More information

3.1 A Notice to Quit (NTQ) is a legal instrument to end a tenancy that can be provided by a tenant or a landlord to terminate the tenancy.

3.1 A Notice to Quit (NTQ) is a legal instrument to end a tenancy that can be provided by a tenant or a landlord to terminate the tenancy. Tenancy Policy 1. Scope 1.1 This policy outlines our approach to issuing, reviewing and terminating tenancies and licences for all rented properties across the Peabody Group. This does not include agency

More information

Professional Tenant Terms & Conditions

Professional Tenant Terms & Conditions These are the T&Cs for the Hatfield, Stevenage and Welwyn Garden City branches. Please refer to the correct T&Cs for the branch that you are dealing with. HATFIELD BRANCH PROFESSIONAL TERMS AND CONDITIONS

More information

Landlord Agency Agreement

Landlord Agency Agreement Terms & Conditions This Agreement is made between Executive Lets and the Landlord/Owner of the Property or the Landlords/Owners Legally appointed representative. Executive Lets agrees to act as agent for

More information