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| I want
to increase my tenants rent but they are unlikely to agree to it. What can I
do?
There is a set procedure for the increase of rent for
tenancies in the event that the tenant does not agree and it will normally
involved the issue of a Section 13 notice. Contact us and we can talk you
through what is required.
Can I
include a clause in the tenancy to increase the rent?
Beyond the fixed term of the tenancy the landlord can
increase the rent however any increase should be reasonable. The rental amount
is covered bu the Unfair Terms in Consumer Contracts Regulations 1999. A more
acceptable method is to link the rent increase amounts to the retail prices
index or consumer prices index.
My
tenants are wanting to contest a rent increase. Can they do this?
Your tenant has rights in that they can refer the
increase to the Rent Assessment Committee within a month of being notified of
the increase. If they miss the month deadline then the landlords proposed rent
will stand.
What happens in Court?
If the tenant does not attend Court it is normal that the Judge will award
possession and a judgement for the debt in their absence.
If the tenant does appear in Court they would need to
be able to defend their position to an extensive degree to stop the Judge
awarding in the landlords favour under mandatory grounds.
If the tenant submits a defence and counterclaim the case may be adjourned and
require further work to be undertaken by a solicitor prior to possession being
obtained.
What happens once the court has granted me possession?
The tenant should vacate and pay the rent arrears by the date specified by the
Court. Should this not be the case then we invoke our stage C; which is the
arranging of an appointment of a bailiff to remove the tenant from the
property.
How long does the process take?
Generally the timescales work as follows:
Expiry of Initial Section
8 Notice 14 days
Court Date and hearing
approx 6 weeks
Date for tenant to
vacateapprox 2 weeks
Total Time from Landlord Assist being instructed to
securing possession approx 3 months.
Can I instruct a private bailiff to remove my tenant
from the property?
Only the County Court Bailiff and a High Court Enforcement Officer are able to
remove a tenant from a property. These are the only bailiffs permitted to
execute a warrant of possession.
What happens if my tenant leaves before they are formally evicted?
We have a standard cancellation policy whereby we refund attendance fees and
the like in the event that a Client cancels a court hearing. We believe we are
the least cost option in dealing with tenancy problems.
What if I do not have a written tenancy agreement?
Do not worry! We can still assist you. Contact us and we will help you through
your tenancy problems.
Why do I have to lodge the deposit with a Government approved Scheme?
The 2004 Housing Act provides that all deposits for assured shorthold tenancies
should be protected and that the prescribed information be issued to tenants.
We can assist with the lodging and reclaiming of deposits.
You have given me different advice to another firm
We are experts in our field and have years of experience in dealing with
tenancy problems. We have a team of solicitors and barristers together with 200
legally qualified advocates to ensure that the advice you receive is correct.
Can you tell if someone will be a good tenant?
Whilst situations such as employment and marital status can impact a tenancy we
think it is essential that all prospective tenants are thoroughly vetted. We
offer a tenant referencing service from £9 plus VAT.
What happens if my tenant lodges a defence and counterclaim against me?
We will arrange for a response to a basic counterclaim without additional
charge. More technical issues can also be dealt with via a pre agreed fee. Our
pledge is that we will continue to assist you until the property is returned to
you.
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Featured Agent |
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Immobiliare Le Reve
Via Mameli 5 , Via Mameli 5
Ventimiglia
info@immobiliarelereve.it
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