Advice For Landlords

Landlord Legal Advice from Expert Landlord & Tenant Solicitors

Are you being sued by a tenant? We can help landlords with a range of matters. Call us now on 01925 351 350 to discuss your situation with initial conversation free of charge, followed by written advice and recommendations at £150 + VAT. And, in appropriate cases we can work on a No Win No Fee basis.

We can help you defend:

  • Claims for failure to protect deposit
  • Housing disrepair claims
  • Illegal eviction claims
  • Landlord harassment claims

Don’t see what you’re looking for? We can still help! Call us on 01925 351 350 to speak to an expert.

Defending Tenancy Deposit Disputes

As a landlord, you have a responsibility to protect the deposits your tenants provide. If you don’t, you won’t be able to retain the deposit for damages or repairs. You will need to:

  • Register your tenants deposit with a government-backed tenancy deposit protection dispute
  • Protect the deposit within 30 days of receiving the deposit
  • Inform your tenants that their deposit has been protected once registered

Your tenants may be able to claim 3 times their deposit amount from you if you have failed to protect it properly. In fact, we have acted in a tenancy deposit dispute worth over £30,000.

We can help you defend against these claims. Call us on 01925 351 350 to get some initial advice and get started with your defence.

Help With Evictions

Help with Evictions & Notices (Residential Tenants)

If you wish to evict a tenant, you will need to serve the correct notice in a valid way – this is not easy to get right. Read more about how we can help you with evictions below. And, to find out more about how much our services will cost, please see our pricing page.

Notice to Quit – Section 8

A section 8 eviction is served when a tenant has breached the terms of the lease and you as a landlord have grounds for possession. This can be served at any point during a tenancy. However, you should ensure that you only do this in appropriate circumstances. And, it must be done right as the tenant may contest any grounds stated in a section 8 notice.

Notice of Possession – Section 21

You can serve a section 21 notice even if the tenant hasn’t breached their tenancy, unlike section 8 notices. But, a notice of possession cannot be served within the fist 4 months of tenancy. The notice period can’t end before the fixed term and must give 2 months’ notice minimum to leave the property.

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Housing Disrepair & Homes (Fitness for Human Habitation) Act

The Fitness for Human Habitation Act, often just called the Homes Act, is a new law which says your properties must be fit to live in. Put simply, it sets minimum standards of fitness for habitation any leased property covered by the act. Put simply, it sets minimum standards of fitness for habitation for:

  • Leases in England
  • Any tenancy with a fixed term of less than 7 years

The Homes Act is now in full effect, for all tenancy agreements.

So, you need to act now to make sure your property meets the required standards. Otherwise, you could find yourself with legal liability – which could be costly for compensation and legal fees.

Full Liability Check

Briefly, the Homes Act is designed to ensure landlords keep the properties they let suitable for their tenants to live in. There is a long list of issues, or liabilities, in the act, which include:

  • Making sure the property isn’t too cold
  • Making sure the property isn’t too hot
  • Installing security features such as door locks
  • Dealing with pests, damp, and general neglect or disrepair
  • Managing overcrowding and making sure there is enough space for tenants

So, for a full liability check and advice about the impending changes, give us a call on 01925 351 350. We can explain your responsibilities according to the law and talk you through what you need to do.

New Landlords & What to Do Before Letting to A New Tenant

If you are a new landlord, you might think you just need a property, a tenant, and a lease to say that they pay you to use your property. But, there are several things you will need to check before letting to a tenant. So, we put together a simple checklist to help you get things sorted. You can download it here:

Getting Ready For New Tenants (PDF)

However, please note that this is meant as a simple guide only and this may not be an exhaustive list of everything you are required to do. It is your responsibility to know what you are required to do.

Tenancy Agreements

You should be aware that at the core of letting your property is the tenancy agreement. The tenancy agreement sets out in writing the rights and obligations for both you as a landlord and your tenant.

So how do you write the lease? A good starting point is to use the government’s model agreement for a shorthold assured tenancy. But, as a landlord, you may want a bit more protection and some additional clauses. That could be to ensure that your property isn’t used in ways which might result in damage or loss.

There are many factors you should consider for your own tenancy agreements, which may go beyond any basic templates. Some of these factors might include:

  • Allowing pets in the property
  • Whether smoking should be allowed
  • Care of the garden and the interior
  • Detailed inventories
  • Who can live there
  • Additional repairs you would be willing to take on
  • Other restrictions you may wish to impose

If you need help sorting your tenancy agreement out, give us a call to speak to an expert.

How Chris Rudd Solicitors Can Help

Need help as a landlord? Please get in touch with us for help. We’d be happy to discuss your situation with up to 15 minutes free advice. You can call us on 01925 351 350 or email us on [email protected]. Or, you can complete the form on our contact page to send us a message.

If you are unfortunate enough to find yourself on the wrong end of a claim where:

  • The tenant is claiming the property is unfit to live in
  • The tenant claims that it is in a state of disrepair, and that you have failed to put things right

Please get in touch so we can discuss how we can help you resolve the situation. And, we may be able to work on a No Win No Fee basis.

Low rates and Easy ways to pay

We know how difficult it is to budget for unexpected fees and costs. So, we offer easy ways to pay, low rates, and payment plans where you can pay us monthly. Our ‘Let’s Get started’ service gives you access to our basic advice to lower your stress levels for an initial payment of only £150 + VAT. For more information, please see our Easy Ways To Pay page.

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