Useful Information for Landlords

1. Applying for a possession order

Applying for a possession order can be a daunting matter and if you are unsure as to the procedure, we recommend that you seek legal advice, as it is important to get matters right.

If you do not follow the correct procedure, not only are you unlikely to obtain your possession order, but you may have to start the process all over again, which could mean your tenants stay in the property for another few months without paying rent to you.

You need to apply to the court for a possession order and must not evict tenants without a court validated possession order, as otherwise you may face a claim from your tenants for unlawful eviction.
Read more

2. Mortgage possession claims

If you have purchased your own property with the help of a mortgage, then unless you keep up with your monthly mortgage repayments, you mortgage lender will usually be entitled to bring a claim for possession against you to recover the sums that they have lent to you.

Banks and other regulated mortgage lenders are obliged to follow certain procedures set out by the Financial Conduct Authority (FCA) to ensure that customers are treated fairly and to explore alternatives ways of repaying the arrears, so that repossession of your property is a last resort.

If your lender does issue a mortgage possession claim against you, you should seek legal advice as soon as possible in order to see if there is anything that can be done to prevent the lender form obtaining possession.
Read more
Back to the top of page

3. How to remove tenants from rental property

We are often asked by clients how to remove tenants from rental property.

The answer is not necessarily straightforward and will depend on a number of factors. It is also unlikely to be a quick procedure and could be made longer if your tenant refuses to co-operate and refuses to leave the property either at the end of their tenancy agreement or when ordered to do so by the court.

If you are seeking any other remedy, such as rent arrears, then the process can be even longer as you will not be able to follow the accelerated procedure route as set out by the courts.
Read more
Back to the top of page

4. House repossession

If you are unable to keep up with your monthly mortgage repayments, it is possible that your mortgage lender may seek to repossess your house.

If you fall into arrears with your lender, your lender is obliged to discuss your arrears with you and any possible repayment plans , to see if you are able to pay back the arrears within a reasonable period of time, as well as maintaining your existing mortgage repayments.

This may of course not be possible, especially if you have had a change of circumstances since taking out your mortgage, such as a loss of employment. If there are no reasonable prospects for the arrears to be repaid, then your lender may have no other option but to seek repossession of your home as a way of seeking repayment of the monies they lent to you.
Read more
Back to the top of page

5. What happens if my house is repossessed?

If your lender takes you to court to seek possession of your property due to your failure to pay your mortgage and the court grants a possession order, then you must either leave your house voluntarily or the lender will instruct bailiffs to evict you from your house.

Once the lender has repossessed your home, then the lender has a duty to sell your house for the best price reasonably obtainable at that time.
Read more
Back to the top of page

6. How do I evict my tenant?

We are often asked by clients “how do I evict my tenant”?

The answer is that there are many different ways to evict a tenant, ranging from simply agreeing with the tenant a date on which they should leave, to having to issue formal court proceedings and instructing a bailiff to remove them from the property if they refuse to leave voluntarily.

The route that you need to take to remove tenants from a residential property will often largely depend on the type of tenancy agreement you have with the tenant(s), how long they have been renting the property and what they have done (i.e. the reasons you wish to evict them)

If you fail to follow the correct procedures when eviting your tenants, you could be found guilty of harassment or illegal eviction and your tenants may have the right to claim damages from you for failing to follow the correct procedures.
Read more
Back to the top of page

7. Assured Shorthold Tenancies - Ten Helpful Things You Should Know

Read more
Back to the top of page

8. Useful Tips for Landlords About Rent and Rent Increases

Read more
Back to the top of page