Legal News | 12.03.21

Landlord Remedies and Recovery of Possession for Residential Tenancies

There are various procedures and remedies in place that allow a Landlord to recover possession of their property. However, due to the Coronavirus pandemic, some of these procedures have been altered and it is important that the Landlord understands the timescales involved.If you are a Landlord of a residential tenancy, the following methods are available to recover rent arrears or possession of the property:-

– Non-legal methods: this would involve communicating with the Tenant, writing to them to try to resolve any issues and avoid progressing matters to court.

– Recovery of rent by court proceedings: if the non-legal methods do not allow for the issue to be resolved, you can progress matters by starting court proceedings against the Tenant. There is currently no restriction on this method; however, the impact of Coronavirus has meant that there are currently lengthy court delays and this will therefore need to be considered.

– Section 21 Notice: this is a legal notice, which brings to an end an Assured Shorthold Tenancy. From 29 August 2020 to 31 May 2021, the notice must give the Tenant at least 6 months’ notice that the Landlord requires possession of the property.

– Section 8 Notice: this is a legal notice, which brings to an end an Assured Shorthold Tenancy, provided the Landlord can cite a ground set out in Schedule 2 of the Housing Act 1988. Most grounds, from 29 August 2020 require at least 6 months’ notice from the Landlord. In respect of rent arrears, the Landlord is to give 4 weeks’ notice where there are at least 6 months rental arrears. Where there are less than 6 months rental arrears, the Landlord is to give 6 months’ notice.

There can be no enforcement of possession orders by bailiffs until at least 31 May 2021, except in very serious circumstances.

If you would like to discuss your options to recover possession or your rights as a residential tenant, please get in touch with your usual contact or email josh.taylor@wansbroughs.com.