Lawyers South London

SOUTH LONDON CONVEYANCING GUIDE

When can a tenant be evicted for rent arrears ?

Firstly, it is wise to establish exactly who is liable for paying the rent, which could include previous tenants and guarantors.

There are three main courses of action you can take.  You can decide to start eviction proceedings, start debt recovery proceedings or have bailiffs seize goods.  If at all possible, it is advisable to use informal means first.  A simple letter written by a solicitor may be all that is needed.  If you decide to start possession proceedings, you can issue a what is known as a section 8 notice if the tenant or whoever is responsible for paying the rent is two months behind.  So, if the rent is £800/month, £1600 in rent arrears will be sufficient for issuing section 8 notice to the tenant.

You should bear in mind that whilst you might have the tenant evicted by subsequently starting possession proceedings, you will not necessarily get the arrears paid if the tenant cannot actually pay.

What is section 21 notice ?

Section 21 notice can be used where the tenancy is an assured shorthold tenancy and there is a written tenancy agreement.  After the two months notice given in a section 21 notice has expired, you can start accelerated possession proceedings, which does not require a formal court hearing should a court accept your application.

Can I take back possession of the premises myself ?

When dealing with rent arrears, it is important that you are not seen to be harassing the tenant as the courts will not look kindly on this kind of behaviour.  You cannot, for example, physically evict a tenant yourself as this is a criminal offence, so always make sure you use the correct legal channels and procedures.

I am looking to rent business premises.  What can I negotiate in the lease ?

It is important to remember that almost anything in a lease is negotiable in a lease despite any protestations by landlord’s or agents that some terms are standard or required by law.  With the current economic climate, many business premises are empty and in certain areas landlords may be desperate to let out their property, which generally puts tenants in a strong bargaining position.  You should bear in mind that it is not generally common for the tenant to pay the landlord’s legal costs.  With the current downturn, many landlord’s will be willing to offer a rent free period.  Consider including a break clause so you are not forced to continue paying the rent despite the fact you do not need the premises or to prevent you having to assign the lease to a third party.  You can ask for a cap to be placed on service charges.  If the premises are not new, it is wise to insist a schedule of condition is prepared so you are not forced to pay repairs that needed doing prior to you even occupying the premises.

What is the purpose of a break clause ?

A break clause is a type of contractual clause that can be inserted into an agreement to allow either the tenant or the landlord to get out of the agreement before the end of the tenancy term.  If the clause is to be used, two months notice is usually required.