Managing a rental property or portfolio can mean that there will be legal issues that require handling including to serve notice on a tenant. Crombie Wilkinson have a dedicated landlord solicitor team, serving both corporations and private landlords from our offices in York, Selby, Pickering and Malton.
We can provide legal advice for operating rental properties and dealing with disputes between landlords and tenants.
Legal advice for landlords
Our landlord solicitors provide straightforward advice. We can help no matter the size of the property portfolio; from one to multiple buildings, commercial or residential, we can help you with:
- Advice on rent deposits.
- Guidance on a Landlord’s legal responsibilities.
- Possession proceedings.
- Legal advice on eviction of tenants - to serve notice on a tenant..
- Preparing tenancy agreements, guarantees, contracts and rental licences.
- Rent recovery.
- Landlord and tenant disputes.
Landlord Laws – Common FAQs
What are a landlord’s legal responsibilities?
For both commercial and residential properties, a landlord is responsible for keeping their properties safe and free from health hazards. This includes taking care of repairs to the structure of the property – both interior and exterior. It also includes heating, water systems, basins, sinks, baths and any other sanitaryware. The landlord is responsible for gas and electrical appliances and must ensure they meet safety standards.
What can’t a landlord do?
There are a number of things landlords can’t do once the property is being rented. These include entering the property without permission, excessively contacting the tenant, refusing to make essential repairs, not securing the tenancy deposit, changing locks on the building, increasing rent during the fixed-term of a tenancy, and evicting tenants during the fixed-term and/or without proper notice.
What rights do tenants have against landlords?
The right to live in the property undisturbed. The right to see the property’s energy performance certificate. The right to be protected from unfair eviction and unfair rent changes. The right to know the identity of the landlord. The right to have a written agreement if they have a fixed-term tenancy of more than three years. The right to not have to pay certain fees when setting up a new tenancy. The right to live in a property that's safe and in a good state of repair. The right to have their deposit returned at the end of the tenancy subject to inspections and no damage being carried out.
How long must a landlord give a tenant to move out?
A landlord can end the let at any time by serving a written 'notice to quit'. The notice period will depend on the tenancy or agreement, but is often at least 4 weeks.
Frequently Asked Questions About Evicting a Tenant
How do I legally evict a tenant?
The process for evicting a tenant depends on the type of tenancy and the circumstances involved. Landlords must usually serve the correct notice and follow the appropriate legal procedure before seeking possession of their property. Getting legal advice early can help avoid delays and costly mistakes.
How much notice do I need to give a tenant?
The amount of notice required depends on the tenancy agreement and the grounds being relied upon. Different notice periods may apply depending on the circumstances. A landlord solicitor can advise on the correct notice requirements for your situation.
Can I evict a tenant who has stopped paying rent?
Rent arrears are one of the most common reasons landlords seek possession of a property. If a tenant has fallen behind with rent payments, you may be able to take action to recover the arrears and regain possession of the property.
What is the difference between a Section 8 notice and a Section 21 notice?
Different types of notices are available depending on the circumstances of the tenancy. Choosing the wrong route can result in delays or the notice being challenged. Our landlord solicitors can advise which option is most appropriate for your situation.
How do I serve notice on my tenant?
To end a tenancy, landlords must usually serve the appropriate written notice on their tenant and follow the correct legal process. The type of notice required will depend on the tenancy agreement and the circumstances involved. Serving the wrong notice or making an error in the process can lead to delays and additional costs. Seeking legal advice at an early stage can help ensure that any notice is prepared and served correctly. The Crombie Wilkinson team can advise landlords on notices, possession proceedings and tenant disputes.
How long does a Section 21 notice take?
The overall timescale can vary depending on the tenancy, whether the notice has been served correctly, and whether the tenant leaves voluntarily when the notice period expires. If a tenant remains in the property after the notice period ends, landlords may need to obtain a possession order through the court, which can extend the process. Taking legal advice from the outset can help minimise delays and ensure the correct procedure is followed.
How do I regain possession of my rental property?
Regaining possession of a rental property will usually involve serving the appropriate notice and, where necessary, applying to the court for possession proceedings. If a tenant does not leave after receiving notice, landlords should not attempt to remove them or change the locks themselves. Instead, the correct legal process should be followed to obtain possession lawfully. Our landlord solicitors can advise on the most appropriate route and guide you through each stage of the process, from serving notice through to possession proceedings if required. The firm's landlord services include possession proceedings, eviction advice and landlord and tenant disputes.
What happens if a tenant refuses to leave after being served notice?
If a tenant remains in the property after the notice period has expired, landlords should not attempt to remove them themselves. You may need to apply to the court for a possession order and, where necessary, enforcement action.
Can I change the locks if my tenant will not leave?
No. Landlords should not change locks, remove belongings or otherwise force a tenant to leave without following the correct legal process. Doing so could lead to claims against the landlord.
How long do possession proceedings take?
The timescale varies depending on the circumstances of the tenancy, whether the claim is contested and court availability. Seeking legal advice at an early stage can help ensure the process progresses as efficiently as possible.
Can I evict a tenant for anti-social behaviour?
In some cases, landlords may be able to seek possession where a tenant's behaviour is causing nuisance, disturbance or other issues. The evidence available and the nature of the behaviour will influence the options available.
What should I do if my tenant has abandoned the property?
If you believe a tenant has left the property without notice, it is important not to make assumptions. Taking legal advice before re-entering or re-letting the property can help avoid future disputes.
Do I need a solicitor to evict a tenant?
You are not always required to instruct a solicitor, but professional legal advice can help ensure notices are valid, court proceedings are handled correctly and unnecessary delays are avoided. This can be particularly valuable where rent arrears, disputed notices or challenging tenants are involved.
Learn more about landlord laws and your rights as a landlord by contacting our team of solicitors for landlords to receive expert advice.
