Legal help with tenancy problems
The vast majority of tenancies are trouble free. But when problems do occur, a number of laws and provisions make the road to resolution clearer. They include:
Section 47(1) of the Landlord and Tenant Act 1987 requires that all formal documents that concern the property and tenancy (so, in effect, any document you send to the tenant) must contain your name and address. As landlord, it must be your details that appear, not your agent’s.
There are lots of potential grounds for a breach of the tenancy agreement. The most common ones are noise, damage to the property and rent arrears, but others include repeatedly failing to pay rent on time or giving false information at the outset of the tenancy.
Any breach of the tenancy agreement affecting an assured tenancy can be sufficient grounds for a Section 8 Notice, which requires a tenant to leave the property, but you must state what those grounds are when serving the notice.
You must also state the notice period, which can be between 2 weeks and 2 months, depending on the way in which the tenant has broken the agreement. Need help or advice in creating a Section 8 Notice? Talk to us.
If a claim eventually reaches court, it can help to have evidence to support your case. If you have access to photos, video footage or witness statements (eg from neighbours) keep them safe.
A Section 21 Notice allows you as landlord to require a tenant to leave your Bradford property if:
Bear in mind you can’t use Section 21 for fixed term tenancies
Notice must be 2 months, but this can be extended to 6 months by the local authority if a tenant can show that they complained to you in writing about the state of the property, and that they did not contribute to its poor condition. It is, therefore, in your interests to keep your rental properties in Bradford well-maintained, to avoid any issues should you have to invoke Section 21.
Our Maintenance Services can help protect your interests and your reputation. Find out more here.
If you issue a Section 8 or Section 21 Notice and the tenant does not leave by the stated date, you will need to apply for a possession order from the court. If the tenant still refuses to leave, you can ask the county court bailiffs to evict the tenant.