Landlord and Tenant News: Repossession has got Easier for Landlords
If you are a UK landlord it may still feel as if things are very tough for you when tenants are unable to pay their rent or tenants are arguing over the return of their deposit at the end of a tenancy agreement. The reality is that times are tough and money is tight for both landlords and tenants. However, the Court has now lifted COVID-19 related restrictions on securing possession of rented property making it easier for landlords to recover possession of tenanted property.
UK Online and London Based Landlord and Tenant Solicitors
For help with possession proceedings and rent arrears or advice on any aspect of landlord and tenant lawcall the expert London landlord and tenant lawyers at OTS Solicitors for an initial consultation on 0203 959 9123 or contact us online.
Taking possession proceedings
During the COVID-19 related lockdowns some landlords felt as though they were caught in the middle, responsible for a property and its upkeep and yet unable to secure a Court order for possession when their tenant failed to pay the rent, even in cases where the non-payment of rent by the tenant was nothing to do with the tenant’s financial circumstances and COVID-19. Many landlord and tenant solicitors were told that landlords would be selling up rather than face financial hardship and a very long wait to secure a Court order for possession of their property after making a county Court claim.
The government has now eased the burden on landlords who are looking to secure possession of their rented properties. Instead of requiring two court hearings the landlord now only needs to attend and pay for legal advice and representation at one Court hearing.
The one Court hearing required by a landlord to secure a possession order is meant to be listed within eight weeks of a landlord applying for the possession order.
Notice periods and possession proceedings
The COVID-19 regulations extended the notice period most landlords had to give to their tenants to help protect those tenants suffering financial hardship because of the global pandemic. In October 2021, in England, the COVID-19 related notice regulations came to an end. This means landlords with renal property in England can now give notice in accordance with the terms of the tenancy agreement or the relevant legislation.
Is it a return to normal?
Nollienne Alparaque , head of the landlord and tenant team at OTS Solicitors, says that although the COVID-19 restrictions relating to possession proceedings are no longer in place in England, landlords are now more cautious and wary about their choice of tenants as they are more concerned about the risk that possession of a rented property may be required and the delays in securing a possession Court order. That wariness is sometimes no bad thing as some of the most successful landlords carefully vet their tenants in order to not only try and ensure that their tenants will pay their rent when it is due but they will also comply with the terms of their tenancy agreement and not cause any anti-social behaviour to the detriment of their neighbours and not trash the property at the end of the tenancy agreement, resulting in a tenancy deposit dispute. However, the reality is that even if a landlord is diligent over vetting tenants there may be occasions when , despite trying to reach an agreement over rent arrears, they have no choice but to start possession proceedings. Going back to the pre COVID-19 rules and regulations has made that process easier for landlords.
UK Online and London Based Landlord and Tenant Solicitors
For advice on possession proceedings and rent arrears or on any aspect of landlord and tenant law call the expert London landlord and tenant lawyers at OTS Solicitors on 0203 959 9123 or contact us online.