Landlord and Tenant

Landlord Tenant Solicitors Croydon

At Awan Solicitors Croydon we offer advice and assistance on landlord and tenant issues. You will receive quick and cost effective service at Awan Solicitors Croydon.

We act both for landlords and tenants in all aspects of residential properties, providing legal advice and representation on issues such as:

  • Fixed Term Tenancy – eg. Assured Short-hold Tenancy [AST] for 6 or 12 months.
  • Periodic Tenancies – tenancy running from one period to another or where AST has expired.
  • Licence – in simple terms, the permission to occupy land/a property.
  • Squatters and trespassers – who is squatter and what are their rights.
  • Rent Act 1977 – pre Housing Act 1988 tenancies were governed by this Act.
  • Housing Act 1988 – most private tenancies are now governed by this Act.
  • Notice to Quit- a means to end a tenancy and notice depends on the type of tenancy.
  • Disrepair – where the landlord has breached his duty to keep the property in good repair and fit for habitation.

HOW TO EVICT A TENANT

  1. Section 8 of Housing Act 1988 – Landlord may seek possession if the tenant is in arrears or has breached other terms of the tenancy agreement. This can be any time during the tenancy period and the landlord can usually seek possession under grounds 8,10 and 11 of the Act.
  1. Notice Seeking Possession under Section 8 – this Notice must be served on the tenant setting out the grounds on which the landlord relies before commencing possession proceedings. This is not a Notice to Quit.
  • Section 21 Housing Act 1988 – Sets out the procedure for gaining possession at the end of a tenancy. This requires specified Notice and is not fault based.
  1. Notice Requiring Possession under Section 21

The landlord relies on Section 21 of the Housing Act 1988 which states that the Notice must always be for a minimum term of 2 months. This is a notice which must be served before possession proceedings can be started. There are exceptions to this depending on the type of tenancy.

OTHER IMPORTANT ISSUES CONCERNING LANDLORD AND TENANT

Protection from Eviction Act 1977

  1. Notice to Quit must give reasonable notice , not less than 28 days.
  2. Notice must contain prescribed information in a special form.

Mesne Profits

Compensation claimed by the landlord for loss of profit. Usually it is a fixed sum.

Deposit

Money paid by the tenant at the start of the tenancy. There are rules setting out  what the landlord can do with his.

Tenancy Deposit Scheme

This applies to Assured Short Hold after April 2004. Under the Housing Act 2004 the landlord must comply with this within 28 days. The landlord must protect the deposit by putting it into a Government authorised scheme. There are two types or Schemes, one is called Custodial where the Scheme holds the deposit and the other is Insurance backed and the landlord holds the deposit until the end of the tenancy and only pays in to the Scheme in the case of a dispute.

This very important for the landlord and if s/he fails to comply with the requirements  then there are automatic sanctions which are very costly.

DISREPAIR

A tenant may seek compensation from the landlord where there have been breaches of covenant to repair, health and safety issues and other breaches i.e damp, mould and other things related to the property amounting to loss of enjoyment. This is a more complicated area and we can advise on an individual basis.

The extent of the landlord’s duty includes:

  1. To keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes); and
  2. To keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity, and for sanitation (including basins, sinks, baths and sanitary conveniences but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and
  3. To keep in repair and proper working order the installations in the dwelling house for space heating and heating water.

Landlord Tenant Solicitors Croydon
We will be able to give you an overview of your case and an indication of the likely costs involved.
To arrange for an appointment, please contact us by telephone or email your details and we will call you back.