PROPERTY PODCAST by a specialist property law firm helping landlords with EVICTIONS & LEASE OPTIONS CreativeLegals

 #Eviction #TenantEviction #EvictionBan #PropertyInvestment COVID-19 Commonly asked questions in relation to tenant evictions

Today we provide answers to landlords burning questions in relating to COVID evictions. If you do have any questions feel free to utilise the link provided or just pop your questions in the comments and will answer as many as possible.  We also offer a free consultation, which you can book using this link: https://creativelegals.co.uk/contact/

The Coronavirus Act 2020 together with related legislation and other measures have had significant implications for landlords’ ability to take back possession. We answer some of the commonly asked tenant eviction questions.

1. I made a possession claim before 3 August 2020 based on rent arrears, which was automatically stayed. Will this still be automatically lifted?

If you started a possession claim before 3 August 2020 and want to pursue it, you will need to send the Court and the tenant a reactivation notice.

2. What is a reactivation notice

A reactivation notice is a notice that you file with the court and serve on the tenant to restart the stayed proceedings.

3. What should a reactivation notice contain?

The Courts will deal with urgent/priority claims first, to assist the court, You As The landlord, will need to identify whether the case should be considered as qualifying under certain categories which include matters such as

§  Significant anti-social behaviour

§  Extreme rent arrears accrued

§  Squatters, illegal occupiers or persons unknown

§  Domestic violence where possession of the property is important

§  Fraud or Deception

§  Unlawful subletting

§  Abandonment

§  non-occupation or death of the defendant

Subject to the matters I've just mentioned, claims issued before the stay commenced on 27 March 2020 will be prioritised.

If the Court does not receive information as to how the tenant has been impacted by the Covid-19 pandemic, it may not be able to progress the case until such time as it receives that information.

The reactivation notice must set out how the tenant and any dependents have been affected by the Coronavirus pandemic, for example, whether they have suffered loss of income or have been shielding.  So, you as the landlord will need to take steps to determine this.

If the case concerns rent arrears, an update on rent arrears over the past two years is to be provided to the Court.  Parties are encouraged to considered other settlement alternatives such as agreeing a repayment plan.

5. Is there a deadline to serve a reactivation notice?

Unless a reactivation notice is sent to the Court by 4pm on 29 January 2021, the claim will automatically be stayed.  A formal application to restore the claim will be necessary after this deadline.

6. I made a possession claim after 3 August 2020

A reactivation notice is not necessary for claims made on or after 3 August 2020.  But, you do need to provide the Court with information about the impact that the Covid-19 pandemic has had on the tenant as soon as possible.

7. I Have already got my possession order I'm just waiting to file an application for a warrant for possession. Do I need a reactivation notice?

A reactivation notice is not required if you have already received a final possession order.

PLEASE SEE THE REMAINING POINTS ON OUR WEBSITE: https://creativelegals.co.uk

WHAT IS THE KILLER MISTAKE THAT COULD KICK YOUR EVICTION OUT OF COURT? 

Some of the key questions to ask yourself before even thinking about instigating a possession claim are follows:

1.  Do you even have a right to take back possession – do you have a right to bring a possession claim.

2.  What type of tenancy does this relate to?

3.  What type of notice do you need to serve. Do you actually need to serve a notice? There are circumstances when you don’t.

4.  If you are relying on a notice that requires you to rely on specific grounds for possession, do you satisfy those grounds?

5.  How about a potential defence? Could the tenant bring a defence that could completely thwart your claim? It there disrepair at the property?  Has there been a breach of contract on your part as the landlord? Has there been a breach of the equality act 2010?

All these are important matters to consider. THE KILLER MISTAKE THAT DESTROYS MOST POSSESSION CLAIMS. IT RESULTS IN LANDLORDS LOSING TIME AND MINE.

Guess what it is? It  IS THE ACTUAL EVICTION NOTICE.

That is the  primary eviction pitfall.  Serving an invalid notice. Here are the five top reasons that could invalidate your notice

1. The wrong notice;  The wrong notice period; The wrong address; The wrong timing of service; The wrong time limits

Wrong Notice Served

Serving the incorrect notice could be fatal to a landlord's eviction claim. Different tenancies require different types of notices. The exact procedure is entirely dependent on the tenancy type and tenancy terms.  Our current focus is on Assured shorthold tenancies (ASTs).There are primarily two types of ASTs. Fixed-term tenancies and periodic tenancies. Fixed-term tenancies run for a defined period of time: for example, six months. Periodic tenancies run periodically: for example, week by week or month by month with no fixed term end date.

A landlord can use a section 21 notice to take back possession of a property after the fixed term has expired subject to defined prerequisites, which we discuss in a separate recording.A landlord can issue a section eight notice any time if the tenant has breached the tenancy terms and the relevant eviction grounds are met. Landlords must comply with all pre-conditions and ensure the correct notice is served.

2. Wrong Notice Period. Giving the correct notice period is imperative to a successful eviction. Eviction Notice periods have changed. The eviction notice periods are now longer due to Coronavirus (COVID-19). This applies to section 21 notices and section 8 notices. The specific notice periods do differ. A timeline of the notice period required for a section 21 notice is a follows:

●  The eviction notice period before 26 March 2020 was two months

●  The eviction notice period from 26 March to 28 August 2020 was increased to three months 

●  The eviction notice period from 28 August 2020 doubled from three months' notice to six months.

3. Wrong address for service of the eviction notice. Any mistake on a notice could invalidate it—even an error in the address. Please ensure you pay attention to the address for service contained in the tenancy agreement. An address for service often is, but is not always the residential address. 4. 4. The Wrong timing of service of the eviction notice. Subject to satisfying the relevant requirements of the requisite eviction grounds, a section 8 notice can be served at any time during the tenure of the tenancy. A section 21 notice, however, cannot be validly served within the first four months of the tenancy. Timing is crucial.  

5. The wrong time limits. The notice won't be valid if it's too short or the landlord applies to Court too late. 

Understanding the eviction rules. Understanding the tenant eviction process.

#Evictions #landlord #tenant #Section21notice #Section8notice #rentarrears #UKpropertyinvestment

Evictions have changed due to the Covid-19 pandemic. The tenant eviction notices have changed. The tenant eviction timescales have changed. The tenant eviction notices expiry dates have changed. So, there have been many changes for landlords, letting agents and property investors generally.

One of the questions I'm commonly asked is can I evict someone right now? Can I evict my tenant right now: November 2020 lockdown 2 in England. The UK government had suspended the legal right of landlords to evict tenants during the COVID-19 pandemic.

The government announced that tenants could stay in their properties until at least the 20th of September 2020. Evictions were halted up until that date through various eviction moratoriums and extensions to the eviction moratoriums.

The eviction ban was lifted so we can now proceed with eviction proceedings, but eviction enforcement this side of Christmas is almost impossible. There is nothing to preclude you from commencing or continuing the eviction process.

It would be prudent to have a good reason for the tenant eviction. A good reason for the eviction could be that the tenant is not paying rent. Whilst this is a legitimate reason for an eviction, we need to be mindful of the Covid-19 season and take the tenants financial circumstances into consideration. I recommend negotiations and perhaps coming up with a payment plan.

A good reason for the tenant eviction could be a tenant's violation of the lease terms. The Tenancy agreement that your tenant signed when they moved into the property is a legally binding document. Breaching the terms of that agreement could warrant eviction.

Another good reason for the eviction could be that the tenant has caused damage to the landlord’s property. The damage referenced here is normally reckless property damage, criminal property damage, intentional property damage. Property damage is a breach of the contractual terms and could be good reason for the eviction.

It is worth noting that, currently the law does not require you to have a reason for the eviction. You are allowed to take your property back just because you want it back.

Having a reason for the eviction will determine the route you take eviction-wise.

For example if your tenant is in rental arrears, you may want to seek possession of the property using a section 8 notice. In using a section eviction notice, you will be required to set out certain grounds for evicting the tenant. This is pursuant to Schedule 2 to the Housing Act. Your tenancy agreement will need to have a provision in this regard. Watch out for a separate recording on tenancy agreements and what must be contain therein.

So, if you are using the rent arrears route, there are three primary grounds that you can rely on a section 8 notice.

The first ground is: Ground 8

This ground requires that, Both at the date of the service of the section 8 notice and at the date of the hearing - 

If rent is payable weekly or fortnightly, at least eight weeks’ rent is unpaid;

(b) If rent is payable monthly, at least two months’ rent is unpaid;

(c) If rent is payable quarterly, at least one quarter’s rent is more than three months in arrears; and

(d) If rent is payable yearly, at least three months’ rent is more than three months in arrears and for the purpose of this ground "rent" means rent lawfully due from the tenant The second ground is: Ground 10

Some rent is lawfully due from the tenant. Ground 11 is applies even when there aren't any rent arrears on the date on the date of the hearing. Just persistent delays in r ent payment

Rent arrears: Things you cannot do, even if your tenant does not pay rent

Rental arrears are rife. Particularly in this current pandemic. According to the telegraph, “there are more than 2,400 eviction court cases waiting to be heard – meaning some evictions may be delayed until next year” .. “More than 300,000 renters may have fallen behind with monthly payments”

Landlords have been banned from evicting tenants who are not paying rent. They have power, but they feel powerless. They have got teeth, but they are not allowed to bite. The primary option landlords had in these circumstances was evicting non-paying tenants. That is no longer an option. That option has been taken away. These are desperate times for landlords. Whilst desperate times call for desperate actions,  landlords are reminded not to allow these desperate circumstances to encourage you to take desperate actions. Desperate actions often lead down a downward spiral. The resultant consequences could be dire.

Today’s episode serves as a reminder of the ramifications of taking matters into our own hands by using unlawful self-help mechanisms to try to recover the rent or to evict your tenants. It provides a list of ten things we, as landlords, must avoid: the ten commandments. We discuss breach of quiet enjoyment; harassment and unlawful eviction.

Feel free to visit us at Creativelegals.com. We are specialist property solicitors and would love to help you with your eviction.

Links:

https://creativelegals.com

https://www.instagram.com/creativelegals/

https://twitter.com/Creativelegals2

https://www.facebook.com/creativelegals

https://www.linkedin.com/in/juliecondliffe/

https://www.gov.uk/private-renting-evictions/harassment-and-illegal-evictions

https://www.citizensadvice.org.uk/debt-and-money/rent-arrears/eviction-for-rent-arrears/

https://england.shelter.org.uk/housing_advice/eviction/what_is_illegal_eviction

https://www.gov.uk/private-renting-evictions/eviction-notices

https://www.tenancydepositscheme.com/what-is-illegal-eviction-and-how-do-i-avoid-it/

https://www.rla.org.uk/landlord/documents/useful/DYK_11_Unlawful.shtml

https://www.lawsociety.org.uk/law-careers/equality-and-diversity/social-mobility-ambassadors/ambassadors-2017/julie-condliffe/

https://www.dailymail.co.uk/femail/article-8158215/From-McJob-McMillionaire.html

https://www.amazon.co.uk/Strategies-Investment-Success-Practical-Portfolio/dp/1547266996

https://england.shelter.org.uk/housing_advice/eviction/how_to_deal_with_rent_arrears

https://www.telegraph.co.uk/property/renting/spike-rental-arrears-300000-tenants-fail-pay-time/

#Evictions #RentalArrears #RentArrears Julie Condliffe #JulieCondliffe #CreativeLegals #SimonZutshi #LeaseOption

Rent arrears are mounting. These are unprecedented times for everyone. Particularly with the extended eviction moratorium. 

What do you do if your tenant falls into arrears, particularly during the coronavirus eviction ban?  Today we discuss the options available to you should your tenant stop paying rent. 

Early contact is key.  You must make contact with your tenant  as soon as reasonably possible to discuss:

(1) the cause of the arrears;

(2) the tenant's financial circumstances - could you encourage them to complete an income and expenditure form

(3)  the tenant’s entitlement to benefits - this could help them and it could also help you in the long run as the payments could be made directly to you depending on the type of benefits they are entitled to.

(4) and repayment of the arrears - are you able to agree a payment plan that is affordable for the tenant. Sometimes it is better to receive some rent than no rent

You must contact each named tenant separately.    

Listen in for all the suggestions of what else you can do. Do feel free to share any other suggestions you may have.  

As always,  visit us at Creativelegals.com if we can be of added value.  We are specialist property solicitors and would love to help you with your eviction. 

Links:

https://creativelegals.com

https://www.instagram.com/creativelegals/

https://twitter.com/Creativelegals2

https://www.facebook.com/creativelegals

Other useful links

https://www.linkedin.com/in/juliecondliffe/

https://www.gov.uk/private-renting-evictions/harassment-and-illegal-evictions

https://www.citizensadvice.org.uk/debt-and-money/rent-arrears/eviction-for-rent-arrears/

https://england.shelter.org.uk/housing_advice/eviction/what_is_illegal_eviction

https://www.gov.uk/private-renting-evictions/eviction-notices

https://www.tenancydepositscheme.com/what-is-illegal-eviction-and-how-do-i-avoid-it/

https://www.rla.org.uk/landlord/documents/useful/DYK_11_Unlawful.shtml

https://www.lawsociety.org.uk/law-careers/equality-and-diversity/social-mobility-ambassadors/ambassadors-2017/julie-condliffe/

https://www.dailymail.co.uk/femail/article-8158215/From-McJob-McMillionaire.html

https://www.amazon.co.uk/Strategies-Investment-Success-Practical-Portfolio/dp/1547266996

https://england.shelter.org.uk/housing_advice/eviction/how_to_deal_with_rent_arrears

https://www.telegraph.co.uk/property/renting/spike-rental-arrears-300000-tenants-fail-pay-time/

#Evictions #RentalArrears #RentArrears Julie Condliffe #JulieCondliffe #CreativeLegals #SimonZutshi #LeaseOption #Rent-to-Rent Rent to Rent Rent arrears #LeaseOptions #LeaseOptionLawyer  

Evictions and Lease Options are our speciality.

Today we discuss how to make sure you are protected- safe as houses – steps to ensure you do that.

What are you getting yourself into?

Lease options: Heads of Terms

Is your lease option legally binding? 

You want to ensure that your lease option agreement is drafted in a way that will protect you and that it is watertight as a submarine. We are not going down the titanic route

Is your lease option enforceable – imagine investing thousands of pounds renovating and refurbishing a property and paying the mortgage on someone’s property for 10 years only to find that the document you signed is unenforceable? I’ll be taking you through best practice on how to ensure your investment is secure and enforceable. 

So, today we talk about – heads of terms- what are you getting yourself into.

Links:

https://creativelegals.com

https://www.instagram.com/creativelegals/

https://twitter.com/Creativelegals2

https://www.facebook.com/creativelegals

Other useful links 

https://www.propertygeek.net/article/property-lease-options-explained/

https://youtu.be/H09-NjQ6MWk

https://youtu.be/H09-NjQ6MWk

https://youtu.be/qDU46cjvan4

https://youtu.be/tCvsJcIA3J0

https://www.bing.com/videos/search?view=detail&mid=CF5C3C95F0D94B6C2B3ACF5C3C95F0D94B6C2B3A&shtp=GetUrl&shid=ea44cc44-0f2c-

https://www.dailymail.co.uk/femail/article-8158215/From-McJob-McMillionaire.html

https://www.amazon.co.uk/Strategies-Investment-Success-Practical-Portfolio/dp/1547266996

#GasSafety #Tracerrell #Roouncefield #Section21 #Eviction #EvictionBan #JulieCondliffe #LeaseOptionLawyer #EvictionBan #Section21 Notice #LeaseOptionLawyer Julie Condliffe #Millionaire #Howtobecomeamillionaire #Nomoneydown #Nomoneydowndeals #SamuelLeeds #SimonZutshi #ranjan bhattacharya