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Monday, October 24, 2011

How to End a Tenancy

If you are trying to end a tenancy you firstly need to serve a Notice, however if your tenant remains in the property after the Notice has expired you can’t just change the locks, you need to issue Court proceedings and ask a Judge to order possession.

There are two ways you can do this, if you have used a Section 21 Notice you can use the Accelerated Possession Proceedings, you don’t have to attend Court and it takes approximately 6 weeks for you to receive your Possession Order.

If you have used a Section 8 Notice you can not use the Accelerated Possession Proceedings as you will need a Court hearing, the hearing will be listed for approximately 8 weeks after you have issued your claim. At the hearing the Judge will then decide whether or not to order possession.

When making a Possession Order a Judge will give the tenant between 2-6 weeks to move out of the property depending on the tenant’s circumstances.

As you can see obtaining a Possession Order takes time, if you would like any advice on this or general landlord legal advice please contact me.

I am also running a couple of legal seminars next month aimed at residential landlords and letting agents.

Tenancy Deposit Scheme, summarises the requirements brought in by the Housing Act 2004 regarding deposits and outlines the requirements to invest the deposit, timescales and advise on where the deposit can be invested. It also discusses how to get the deposit back at the end of the tenancy. We will also highlight the pitfalls of failing to invest the deposit and the penalties the Court can impose. Thurs 3rd Nov 2011

Ending the Tenancy, will advise you on when to end the tenancy and how. It will run through what Notices you need and when they need to be served. If you tenant does not vacate the property at the expiry of the Notice, you will need to issue Court proceedings. This seminar will also take you through the process of obtaining possession through the Court. Thurs 17th Nov 2011

All seminars are held at our offices in North Notts, 10 mins drive from Jct 28, M1 motorway and only charged at £15 per person. We also offer a special session answering questions specific to your own issues.

The workshop will give you 1.5 hours of useful guidance from myself a Solicitor who is involved with these & issues on a day-to-day basis.

Rebecca

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1 comment:

Anonymous said...

Hi Rebecca, I really need help kickstarting this process. I have sent you an email to Fidler & Pepper. My email is g****an@aol.com. Thank you.