Rawlins Davy Reeves Solicitors & Mediators for Business and Private Clients.
Landlord & Tenant Disputes
Whether you are a landlord or a tenant of residential or commercial properties held under Assured Shorthold Tenancies or short or long leases, we can help you with a number of legal services from assistance in the management of your rental property if you are a landlord to peaceably enjoying your interest in the property if you are a tenant.
Residential Landlord and Assured Shorthold Tenancies
We understand that as landlords of Assured Shorthold Tenancies, there are a number of reasons when you will need legal assistance. These include the recovery of rent arrears, stopping a tenant from causing a nuisance to others and regaining possession of your property.
Our team at Rawlins Davy Reeves solicitors have a wealth of experience and offer fixed fee services to cater for your needs in the most efficient way for you. In terms of regaining possession of your property, our solicitors will help you to decide the best way to serve the appropriate notices with the relevant procedures to follow for your circumstances including arranging enforcement action where necessary.
There are two forms of notices under the Housing Act:
Section 21 Notice
This is often known as a “no fault eviction” and is applicable in most cases and where there is a written Assured Shorthold Tenancy that was made after 27th February 1997. We will consider the terms of your tenancy agreement and prepare the relevant notice which will provide the tenant with two months’ notice in accordance with the Housing Act (or more if the rent is payable more than on a monthly basis) and proceed with drafting and issuing the court documents, attending a court hearing (if one is required), obtaining a possession order and arranging for enforcement if the tenant does not leave by the required date to enable your property to be returned to you.
There have been numerous changes to this are of law over the years. We will ensure and the tenant has been served with all of the correct information which is required prior to the Section 21 Notice being served.
Section 8 Notice
The Housing Act sets out what are known as “mandatory” and “discretionary” grounds which a court must follow when ordering possession.
These grounds include issues such as the non-payment of rent, where the tenant concerned is causing a nuisance or where a property is being used illegally.
We will check the terms of the tenancy agreement, prepare the relevant notices, explain the applicable procedure to you, draft, prepare and issue the relevant court proceedings including witness statements to assist you and represent you at court hearings.
Tenants
If you are a tenant and either a Section 21 Notice or Section 8 Notice has been served on you, we are able to advise you as to whether the notices have been validly served and the best way to resolve issues for your situation. We would be happy to provide you with a quotation for the service that you require.
Contact a member of our team today.