Property repossession proceedings can be complicated and lengthy. If you are a landlord seeking help to remove occupiers from your property, or you’re a tenant who believes your proposed eviction is unjust, our property litigation solicitors can help.
Landlords often need the help of legal professionals to resolve ongoing disputes and issues. At Blacks Legal, our team of expert solicitors can help you regain possession of your property and recover rent arrears. Our friendly team of professionals will go above and beyond to quickly resolve the issue, giving you complete peace of mind.
The residential property litigation services we provide for landlords include:
Should the Section 21 Notice period expire without the tenant leaving, we can help you apply for an Accelerated Possession Procedure. This entails a judge using the information they have about your case to decide whether a court hearing is required.
Evicting a tenant without first obtaining a court order for possession is a criminal offence. You must serve the relevant section notice and wait until the notice period has expired before taking action to get a possession order from the court.
If a court orders possession, your tenant will be given a date by which they must leave the property – usually 14 days after the order is issued. If they refuse to leave, bailiffs can be instructed to remove them from the property.
Each stage of an eviction requires expert knowledge of the law and informed advice, which is precisely what a Blacks Legal Residential Property Litigation Solicitor can provide you with.
We will prepare and draft the necessary documentation required by the courts to recover any rent arrears and secure possession of the property.
If you are renting out your property privately with an assured or assured shorthold tenancy, we can serve a Section 8 Notice on your tenant on your behalf, if you have a valid legal reason for ending the tenancy.
The Grounds For Serving A Section 8 Notice:
For a Section 8 Notice to be valid, you must give the tenant either 2 weeks or 2 months to vacate the premises, depending on the legal reason for ending the tenancy.
As a tenant, having someone on your side is incredibly important when dealing with landlord disputes. At Blacks Legal, our expert solicitors can help you overcome the challenges in dealing with landlord disputes. Here's how our property litigation solicitors can help you...
If you have fallen behind with rental payments, you still have the right to live in your home undisturbed, especially if you have nowhere else to live. We can help you assert your legal rights in this respect until you are able to settle your arrears, agree on a repayment plan or find somewhere else to live.
If you think you are being unfairly evicted from your home, we can help. Our expert residential property litigation solicitors can:
If the notice period to leave your home has ended, we can assist you by:
We can ensure your landlord is acting within the terms of the law by:
There are several legal avenues to consider, such as taking the tenant to court and arranging a court-appointed bailiff. Unfortunately, this can be a lengthy process and in the short-term it might be better to try and negotiate with the tenants, either yourself or through an experienced professional such as a mediator or solicitor.
To issue a section 8 the tenant must owe at least 8 weeks rent if they pay weekly or fortnightly, two months’ rent if they pay monthly, or three months’ rent if they pay quarterly or annually. The tenant must owe the rent when the notice is served and also at the time of the court hearing.
