Ever faced the problem of getting an unwanted tenant to vacate your property on time, or in collecting the rent? Not yourself hopefully, but many new and buy to let landlords attracted by the lures of easy to obtain mortgages pre-2008, or by the idea of letting out their old home rather than selling, have had their fingers burned when faced with unexpected challenges in collecting rent or in removing a tenant at the end of a 6 month or annual contract. Changes made in the 1988 Housing Act were planned to encourage letting by small landlords and to make it easier to get vacant possession. The so called “Accelerated Possession” procedure at County Court was designed to be:
• Straight forward for individual landlords to use, without the need for a solicitor.
• A relatively cheap and quick way of obtaining possession, with no court hearing.
Many in the residential lettings industry would say that it hasn’t quite worked out that way. Some landlords have foundered at Court due to incorrectly compiled Notices Requiring Possession, and delays with the consequent court hearings. Such delays have also become associated with the development of rent arrears, which often require landlords to start separate court proceedings. Even if and when court judgements are obtained, enforcement (evicting the tenant and collecting the debt) is a whole new ball game.
There is no substitute for engaging a competent solicitor, experienced in Housing Law, when dealing with the most difficult cases, particularly where aggressive behaviour and threats to the landlord have occurred. However, for routine cases, good advice can often be obtained from experienced and accredited local letting agencies, which have a good working knowledge of the relevant law, how it is operated in the local County Courts, the forms which need completion and the timescales involved.
DABORACONWAY offer a free initial advice service to prospective customers wishing to let their properties through the company, but faced with the initial difficulty of arranging for an existing tenancy to be ended legally with minimum delay.

For more details, please contact: Martin Gard at martin.gard@daboraconway.com