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Problems with tenants?

Are your tenants not paying their rent?  Do you require possession of your property?

If so David Allen Recovery Solutions can help you get your tenants back on track.

Recovery of rent

Unfortunately recovery of rent is a common problem for landlords with tenants often leaving a premises owing rent or leaving the property in such bad condition that the deposit does not cover the cost of repair.

Our Letter Before Action will show your tenants how serious you are about collecting the rent/repair costs.  It can also be used as a warning against damage to property, complaints from neighbours, late payments and any other serious concern you may have.

Some tenants build up arrears due to persistently paying the rent late each time, these tenants can be deeply frustrating for any landlord.  Our official warning letter is often the shock they need to pay any outstanding monies.

The court procedure is designed to provide a fast mechanism for claims.  Normally a successful claimant will only be entitled to fixed costs from the defendant which usually includes any court fees.  Solicitor’s costs would also be awarded (depending on the claim value).  Our Recovery Solutions team are able to deal with everything involved in this process from issuing the claim to enforcement.

Possession

The accelerated possession procedure is an inexpensive, fast track method for landlords to gain possession of their property without the need for a court hearing.  Getting an accelerated possession order is usually very quick and cost effective as long as the correct procedure is followed, which is where we can help you.

We can assist with:

  • Section 8 notices
  • Section 21 notices
  • accelerated possession orders

Overview

An assured tenancy, which is also known as an assured shorthold tenancy, may also be ended by the execution of a possession order based on a Section 21 notice.  The differences between the Section 8 and Section 21 notices are:

  • a Section 21 notice may only be served two months prior to the tenancy ending
  • a Section 8 notice may be used if the tenant breaches the agreement during the assured tenancy period
  • you can claim for rent arrears and possession of your property by serving a Section 8 notice
  • a Section 21 notice may be used without the landlord giving any reason, whereas for a Section 8 notice to be used the landlord must satisfy one of the statutory grounds for eviction

If the tenant has not vacated the property we apply for an accelerated possession order and if required, a warrant of execution to enforce that order.  This will involve completing a court form and paying a court fee, these fees are recoverable from the tenant.

The court bailiffs will then go to the property to evict the tenant.  On their first visit the court bailiffs will often give tenants a date when they will be back to evict them.  In the High Court such warrants are known as a ‘writ of possession’ and the High Court Sheriff will be responsible for evicting the tenants.  

For more information contact our team today.

Posted: September 19th, 2014