Landlords & Tenants

As a Landlord you may wish to recover a property and evict your Tenant. Call Brooklyn Law now to obtain specialist advice. As specialists in this area, we are registered with The Landlord Association and can assist you on all Landlord and Tenant matters. 

SECTION 21 NOTICES

A Landlord may regain possession of a property by serving a Section 21 Notice after a fixed term tenancy ends or during a tenancy, if the tenancy is classed as a periodic tenancy.

Due to several changes in the law in this area, please contact us to ascertain the notice period you must give your Tenant. This can range from at least 2 months’ notice to up to at least 6 months’ notice to leave the property depending on your individual circumstances.

At Brooklyn Law we will check in the first instance if the correct Notice was given to the Tenant and whether you have complied with the various regulations in order to be able to serve a valid Section 21 Notice.

As a Landlord, you cannot serve a Section 21 notice if any of the following apply:

1.     It is less than 4 months since the tenancy started.

2.     The property is a house in multiple occupation and requires a licence and that licence has not been obtained.

3.     The tenancy was granted on or after 6 April 2007 or is a statutory periodic tenancy that arose on or after that date and the Landlord has not complied with the relevant tenancy deposit protection legislation.

4.     The council has served an improvement notice or an emergency remedial notice in the last 6 months.

5.     Where the energy performance certificate, gas safety certificate or the Government’s publication “How to rent: the checklist for renting in England” has not been provided.

SECTION 8 NOTICES

A Section 8 Notice is often used by Landlords who wants to proceed to eviction urgently.

Here a Landlord can regain possession of a property before the term of the tenancy comes to an end. If a tenant has breached their contract and you wish to repossess the property to avoid any other breaches, you can serve a Section 8 Notice provided the legal requirements for doing so are met, so please contact us now and find out how we can assist you.

Once Section 8 proceedings are commenced, you must continue with the case otherwise you may be subject to paying your opponent’s legal costs and if your Tenant chooses to defend the claim, for example by making a housing disrepair claim there will be significant costs involved, which you will have to pay for if you lose. To obtain detailed advice please call us now. 

How can we help?

Brooklyn Law has a dedicated team of lawyers who have specialist knowledge in all areas of Landlord and Tenant matters.

We understand how difficult it can be when you are trying to pursue proceedings against a tenant, and we are here to help you every step of the way.

Our solicitors can provide you with detailed advice to help you obtain the orders that you want. 

Are you a Tenant who feels aggrieved by their Landlord? Do you feel your Landlord has not complied with their duties? If so, Call Brooklyn Law Now to find out how we can assist you.

HOUSING DISREPAIR CLAIMS

Housing disrepair claims are started in instances where the Tenant is taking legal action against their Landlord for failing to fix disrepair or damage on rented property. Examples of disrepair include:

a)     Damp and mould

b)     Gas and water leaks

c)     Structural issues

d)     Broken doors, windows, fences, and gates

e)     Central heating issues

f)      Pest problems

All Landlords have a legal obligation to ensure they maintain the structure of their property to a reasonable standard of repair. It is every Tenant’s right to live in a property which is safe and suitable for their needs. During a tenancy, a Landlord is responsible for the following duties:

•  Utility maintenance
•  Ensure the property is free from serious health and safety hazards
•  Maintain structural integrity
•  Complete repairs
• Maintain appliances and furniture 
• Smoke alarms and carbon monoxide alarms
•  Carry out gas safety checks

If your Landlord has refused to carry out any of the duties above after you have reported this to them, you may be entitled to make a claim to the Court for an injunction to force your Landlord to carry out the repairs and or compensation.

Breach of Landlord Obligations:

There are also several Landlord obligations that the Landlords must adhere to. For example:

a)  Before your tenancy starts, Private Landlords and Agents are legally required to check your immigration status and the status of any adult who is living with you

b)  At the start of your tenancy the Landlord must provide you with an Energy Performance Certificate and a Gas Safety Certificate if the property has gas appliances and a How to Rent Guide (if tenancy started or renewed on/or after 1 October 2015)

c)  The Landlord must protect your tenancy deposit in a Deposit Protection Scheme if you are an assured shorthold tenant

d) The Landlord is responsible for repairs

e) The Landlord must Ensure health and safety compliance

f)  The Landlord must tell you when and how your rent should be paid. If paid weekly, a rent book should be provided

g) Landlords should not harass you and must let you live peacefully in the property

h)  If a Landlord wants to evict you, they must give you notice in writing and obtain a court order before eviction can commence

HOW CAN WE HELP?

Brooklyn Law has a dedicated team of specialist lawyers who can help you bring proceedings against your Landlord and you in obtaining compensation where due.

We know how difficult it is to commence court proceedings and we are here to help you every step of the way.

Please call us now on 020 8861 4004 for more information.