Immigration tenant eviction landlord advice uk

High Court Grants Permission for Review of Right to Rent Policy

The High Court has given permission for a legal review to be launched into the Government’s Right to Rent policy. The Joint Council for the Welfare of Immigrants (JCWI) has been granted permission by the High Court to proceed with their legal challenge against the policy. When Theresa May was Home Secretary, she introduced the 2014 Immigration Act, which made it compulsory for landlords to check their prospective tenants’ and any other potential permitted occupiers’ immigration status which would determine their right to rent in the UK. Those who knowingly rented to people who did not have leave to remain ...
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landlord-advice-UK-protection

Compulsory Client Money Protection For Letting Agents

All lettings agents will soon be required by law to sign up to an approved Client Money Protection (CMP) scheme or face a fine. Almost 9 million households in England’s private rented and leasehold sectors will benefit from stronger protections against rogue letting and managing agents thanks to new government proposals announced . A new independent regulator responsible for working practices of agents will be given strong powers of enforcement for those who break the rules – and agents who fail to comply will not be permitted to trade. Criminal sanctions could also be brought in for those who severely ...
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landlord letting agent fee ban

Government rejects agent’s petition

The Government has rejected a petition signed by nearly 10,400 agents that proposed a tenant fees cap instead of an outright ban. The petition was started by a letting agent Rob Farrelly who began his own business Friend & Farrelly Property Services eight years ago, e-petition 206569 was signed by agents all over the UK. The Government has revealed its determination to plough on with its draft Tenant Fees Bill published on 1st November 2017, saying it wants to see a rental market in which landlords and not tenants are the primary customer of agents. As well as reiterating its ...
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Chance to Serve the Gas Safety Certificate

One Chance to Serve the Gas Safety Certificate?

Since the Assured Shorthold Tenancy and Prescribed Requirements Regulations (England) 2015 (‘the regulations’) came into force on 01 October 2015, many landlords have served the gas safety certificate and energy performance certificate (‘EPC’) shortly before serving a section 21 notice upon finding that such documents were required to be served. This case considered whether there was a time limit for a landlord to serve a gas safety certificate and energy performance certificate for the purpose of serving a section 21 notice. In an appeal of a first instance decision of DJ Bloom, HHJ Jan Luba QC sent a highly persuasive ...
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landlord letting agent fee ban

Foxtons Ordered to Pay £18,000.00

London Borough of Camden v Foxtons Ltd [2017] UKUT 349 (AAC) This was the first appeal in this jurisdiction to come before an Upper Tribunal and the crux of the appeal brought by the London Borough of Camden was whether the revised description of Foxtons fees complied with the Consumer Rights Act 2015. The Consumer Rights Act 2015 (‘the Act’) requires all letting agents in England and Wales to publicise details of their fees. Section 83 of the Act came into force on 27 May 2015 and provides: 83(1) A letting agent must, in accordance with this section, publicise details ...
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tenant eviction universal credit

Universal Credit & Rent Arrears

What is Universal Credit? Universal Credit is a monthly payment for people who are either unemployed, or working but on a low income. It will eventually replace all of the following benefits and tax credits: • Income Support • Child Tax Credit • Housing Benefit • Working Tax Credit • Income-based Jobseeker’s Allowance • Income-related Employment and Support Allowance Section 11 of the Welfare Reform Act 2012 provides the calculation of an award of universal credit is to include an amount in respect of any liability of a claimant to make payments in respect of the accommodation they occupy as their ...
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landlord advice letting

The Draft Tenant Fees Bill

The draft bill on banning agency fees paid by tenants was published last week. The Draft Tenant Fees Bill has not been put before parliament yet thus is yet to be scrutinised by Parliament; changes are likely to occur to the draft bill before enforcement of the new law which is to be cited as the Tenant Fees Act 2017. As the bill stands, section 1 and 2 of the bill prohibit landlords and lettings agents requiring any payment from a tenant for the granting, renewal and continuation’ of any tenancy or license. In Schedule 1 of the bill there are ...
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eviction notice section 8 or 21

My tenants have rent arrears what can i do?

One of the frequently asked question is; My tenants have rent arrears what can i do? The answer to this question is based on the an assumption the property is a residential property and the tenancy in place is an assured shorthold tenancy commencing after 15th of January 1998. If the rent arrears are more than 2 months or if the rent is payable weekly the rent arrears are 8 weeks or more than you can serve a eviction notice known as a section 8 notice. The section 8 notice will give the tenant 14 days to pay the rent arrears ...
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how to evict a tenant without

I don’t have a tenancy agreement with my tenant can i still evict?

The most frequently asked asked from landlords wishing to evict there tenant is I don't have a tenancy agreement with my tenant can i still evict?. The answer depends when your tenancy commenced with your tenants. If the tenancy commenced after 28th of February 1997 than it comes under the Housing Act 1996. Which is very good news because under this Act you can have an oral tenancy meaning it does not need to be in writing. Without a doubt all landlords should let a property by have a good up to date comprehensive tenancy in place. What if the tenancy ...
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newham council landlord advice uk

Newham Council to Name and Shame Agents

The local authority Newham Council in London is to launch the UK’s first letting agents’ rating scheme which will publicly name and shame bad agents. Newham Council’s declared aim is to protect residents and landlords from rogue agents. We work with many lettings agents who are reputable companies, we have however had an increase in the number of landlords seeking to take action against their agents in cases where the agent has failed to remit rent to the landlord or rented property from the landlord to sublet the premises but failed to pay the landlord rent forcing the landlord through ...
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landlord advice uk Eviction & the Immigration Act 2014

Right to Rent Fuels Black Market

The obligation imposed on landlords to establish that tenants they let to property to have the right to rent under the Immigration Act 2014 is said to be fuelling the black market for false identification recent research has shown. A new BBC investigation has found that many letting agents and landlords are unable to identify a fake passport when presented with one leaving them vulnerable to fraudsters with fake identification and possibly other documents deceiving agents and landlords. The research reveals that criminals gangs are using fake ID’s that are impossible to identify with the naked eye. An undercover reporter ...
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Sasha Charles Lawyer

Tenancy Deposit Legislation Clarity to Come Following Appeal

Chapter 4 of the Housing Act 2004 which relates to the protected of tenancy deposits has been debated in courts and among lawyers, landlords and agents since its enactment on  April 2007. The provisions of s.213 of the Housing Act 2004 which requires landlords to protect a tenancy deposit paid in connection with an assured shorthold tenancy within 30 days of the landlord receiving the tenancy deposit and to serve the prescribed information in relation to the deposit protection upon the tenant within the same period. Though many of you will already know, s.215 of the Housing Act 2004 governs ...
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preaction from landlord advice uk

Pre-Action Protocol for Debt Claims – October 2017

There is a new protocol that creditors must now follow when pursuing payment of a debt from an individual (including sole traders). This new protocol applies to a creditor that is a business (including sole traders and public bodies) and comes into force on 1 October 2017. For those creditors who may not already know, the protocol referred to is a protocol under Civil Procedure Rules, in short, they are the courts expectations of the conduct of parties before proceedings are issued in a court. The current protocol already encourages parties to enter to communication and make attempts to settle ...
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Housing and Planning Act 2016 Landlord Advice UK

Banning Order Offences

The Housing and Planning Act 2016 (the Act) introduced a power for the First-tier tribunal to serve a banning order on a landlord or property agent. The purpose of the consultation paper is to invite views and comments on which offences should constitute banning order offences'. A local authority can apply to a First-tier Tribunal for an order banning that landlord or property agent from being involved in the letting and/or management of property. A database will be created of rogue landlords and property agents showing who is banned from the property industry. The consultation paper described the range of offences ...
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Landlord legal Advise Right to Rent

Right to Rent

Right to Rent Sections 20-31 and schedule 3 of the Immigration Act 2014 (“The Act”) came into force on 1 February 2016 and brings further statutory obligations for landlords and even agents to comply with. Landlords must now carry out the necessary checks to ensure they are renting to a person who has the Right to Rent, a person who has the right to rent is someone who is: a) a British citizen, b) a national of an EEA State other than the United Kingdom, c) a national of Switzerland, d) has been granting permission by the secretary of state ...
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landlord advice uk sasha charles

Minimum Energy Performance Standards

From the 1st April 2018 there will be a requirement for any properties rented out in the private rented sector to have a minimum energy performance rating of E (the energy rating will be found on an Energy Performance Certificate ("EPC"). The new requirement will be imposed under the he Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 ("the regulations"). The regulations will apply to tenancies granted on and after 1st April 2018 (including renewals) and the regulation will apply to all existing tenancies from 1st April 2020. The new regulations prohibit letting a property which falls below ...
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Defence to Damages for Unlawful Eviction

Defence to Damages for Unlawful Eviction

Where a residential occupier is unlawfully deprived of access the premises at which they reside, a criminal offence is committed under s.1 of the Protection from Eviction Act 1977 by the landlord or person depriving them of such access, the residential occupier may seek an order which reinstates them in the premises and seek damages for unlawful eviction. In a recent case, Landlord Advice UK assisted a landlord defend a claim for damages in the sum of £15,000.00 for unlawful eviction. The landlord had used 3 different firms of solicitors before instructing Landlord Advice UK to take the case on ...
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Eviction Immigration Act 2014 Landlord Advice UK

Eviction & the Immigration Act 2014

The Immigration Act 2014 imposed an obligation on landlords to carry out necessary checks to ensure they were renting to a person who has the Right to Rent in the UK and the consequence of non-compliance was a penalty notice of up to £3,000. However, since 1 December 2016 it is also a criminal offence to rent to a person who does not have the Right to Rent, a landlord who does so could face imprisonment of a term not exceeding 5 years, a fine or both. Terminating the Tenancy Notice under section 8 of the Housing Act 1988  A ...
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Housing and Planning Act 2016

Housing and Planning Act 2016 – Abandoned Premises

The Housing and Planning Act 2016 has brought many concerns to both landlords, agents and tenants, from banning order offences which can ban a person from the property industry (which we have written about previously) to a more clarified procedure of recovering abandoned premises let on Assured Shorthold Tenancy ("AST") which this post focuses on. In the case of an abandoned premises section 57 of part 3 to the Housing and Planning Act 2016 permits a landlord to take possession of a premises without a Court order if the below circumstances are met: The tenancy relates to premises in England, the rent condition is met ...
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Electrical safety standards

Housing and Planning Act 2016 – Electrical safety standards

The Housing and Planning Act 2016 has brought a lot for landlords and others in the property industry to consider which we have written about previously; this post focuses on the regulations that may be imposed under Part 5 of the Housing and Planning Act 2016 (the Act). Under Part 5 of the Act regulations may come into force requiring landlords of residential premises to carry out electrical safety testing. Although landlords already must keep in repair the supply of gas, water and electricity under s.11 of the Landlord and Tenant Act 1985 the regulations to be imposed under the ...
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over 30 years experience

 

We work with landlords, agents, mortgage brokers and more, we`re also recommended by Barclays Bank to their business customers. We have been assisting with evictions nationally since the early 2000’s and our reputation certainly speaks for itself. You contact us on our free advice line, by e-mail or book a consultation with a lawyer.

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About us

faq

Why are you different to other firms?

We aren’t just an eviction company, we specialise in property law and our impartial advice can prove the same beyond doubt. We lead the way with evictions Nationally because of our knowledge and success in helping landlords and agents.

Can I evict the tenant if I lost my agreement?

Yes you can still evict your tenant in the absence of a written tenancy agreement, we will assess the arrangements between the parties to determine the type of tenancy in order to serve the correct notice, the tenancy will likely be the default tenancy agreement which is an Assured Shorthold Tenancy Agreement.

I live abroad, can you still handle my case?

Yes, we deal with many overseas landlords and gain possession of their property in their absence and keep them up to date through the process. We can even secure the property after the eviction.

How can you guarantee an eviction?

Our expertise and knowledge in property law allows us to guarantee landlords and agents eviction. In most cases it is a matter of legal compliance and accuracy which determines if we can guarantee if eviction. Where legal compliance has been an issue for the landlord we will advise and assist comply with relevant legislation to enable a successful eviction.

testimonials

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"Sasha Charles knowledge of landlord and tenant problems is extremely vast as proven in my case which was very complex...a good outcome achieved hence my possession order. Thanks to Sasha Charles and the rest of the team. Thank you again Landlord Advice UK. "

Sylvia Francois

Landlord

5.0
2017-11-27T05:43:25+00:00

Sylvia Francois

Landlord

"Sasha Charles knowledge of landlord and tenant problems is extremely vast as proven in my case which was very complex...a good outcome achieved hence my possession order. Thanks to Sasha Charles and the rest of the team. Thank you again Landlord Advice UK. "

test1

“I got possession of my property back while staying abroad, Landlord Advice UK provided a great service.”


karim Chaudhri

Landlord

5.0
2017-07-05T06:30:29+00:00

karim Chaudhri

Landlord

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test2

“My tenants raised a defence and counterclaim claim alleging disrepair, but Landlord Advice UK successfully dealt with this and got me a possession order.”

Kirik Stevans

Landlord

5.0
2017-07-05T06:30:52+00:00

Kirik Stevans

Landlord

“My tenants raised a defence and counterclaim claim alleging disrepair, but Landlord Advice UK successfully dealt with this and got me a possession order.”

Test3

“I am a professional landlord and have used Landlord Advice UK for many years with all my property matters from eviction to drafting my  tenancy and lease agreements, great service.”

Sue Jackson,

Landlord

5.0
2017-07-05T09:21:12+00:00

Sue Jackson,

Landlord

“I am a professional landlord and have used Landlord Advice UK for many years with all my property matters from eviction to drafting my  tenancy and lease agreements, great service.”
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