By Lynne Swanson, Legal Executive, Percy Hughes & Roberts Solicitors
Even when a landlord has a good relationship with their tenant, problems can arise unless all parties to the tenancy agreement uphold their responsibilities and requirements. In most cases, disputes between landlords and tenants can be resolved through communication and negotiation; however, it is best to avoid conflict altogether by understanding the law and the provisions of your lease. After all, there may be legal consequences for landlords in cases where they fail to follow the correct procedures.
While some pitfalls are easy to avoid, others are commonly missed and can result in serious problems for landlords – including legal action by tenants. Here, the expert landlord lawyers at Percy Hughes & Roberts Solicitors outline some of the most common mistakes landlords can make and the consequences that might arise, and explain what landlords can do to avoid these errors and reduce the risk of conflict with tenants.
Day-to-Day Mistakes
One common mistake is that landlords fail to give notice before entering the property. The law states that landlords must give “reasonable notice” in writing before attempting to enter a property they own. This is usually considered to mean at least 24 hours before their arrival, and tenants may be within their rights to refuse access, depending on the landlord’s reason for entering.
While it might sound unusual or unfair, landlords must not enter a property they own without providing notice to tenants, even under circumstances where they suspect the tenants are engaging in illegal activities or damaging the property, or in cases where tenants appear to have abandoned the premises. The only exception to this rule is for landlords to respond to emergencies, but even this is best avoided wherever possible.
In most cases, landlords are allowed to enter the property to conduct repairs, provided they give suitable notice. However, if you are likely to have other reasons for wanting to regularly enter the property as the landlord, you should ensure that these are detailed in the tenancy agreement. In this way, you will have a legal agreement from the tenant that they are satisfied with this arrangement, meaning you can provide evidence that you have legitimate reason to access the property. However, you cannot include provisions in a lease agreement or contract that would give yourself unlimited access to the property when it is leased to a tenant – in all cases, landlords need to give at least 24 hours’ notice in writing, no matter the provisions agreed to in the tenancy contract.
Problems with Evictions
Some of the most costly mistakes a landlord can make happen when trying to carry out an eviction. There are strict requirements governing when evictions can be carried out, the processes that landlords and tenants must follow, and the restrictions that apply. By failing to meet their legal obligations, landlords can face court action from tenants and may even have the eviction cancelled. Unfortunately, the complexity of the rules in this area means that mistakes are easy to make.
Worse, eviction rules are set to get stricter if government plans to remove Section 21 notices move ahead, which could make landlords even more vulnerable to legal action. Currently, landlords can use Section 21 notices to evict tenants when a tenancy agreement reaches its end (or at any time during a periodic tenancy). While there are still processes and restrictions to be aware of – for example, landlords must give at least two months’ notice, or more under specific circumstances, and it can be difficult to know how this applies in order to meet your legal obligations – serving a Section 21 notice gives landlords a degree of flexibility and control over the properties they own.
Without this mechanism, landlords must rely on Section 8 notices. Serving a Section 8 eviction notice is only possible when the landlord has legal grounds for the eviction – there are more than 20 legally valid grounds that landlords can rely on, but this introduces significant ambiguity into proceedings. If a tenant regularly fails to pay rent or is in rental arrears, this may be an acceptable reason to serve them a Section 8 notice. On the other hand, if the tenant is then able to pay off their debt (or a portion of it), this may mean that the eviction is no longer justifiable on these grounds. For this reason, it is best for landlords to rely on multiple grounds in order to carry out an eviction.
Consequences of Mistakes
Serving the wrong notice, serving the right notice incorrectly, or failing to follow the necessary procedures during an eviction are among the most common mistakes we see landlords make, and as we have said, they can also be costly. This is because failing to follow the correct procedures or uphold your duties during the eviction process can leave you at risk of legal action from tenants. In some cases, this can mean you are taken to court, and must provide evidence of the legal grounds you have relied on for the eviction.
Court action can be a long and expensive process, so it is best to fulfil your responsibilities correctly in the first instance. If you intend to carry out an eviction or want to explore your options in doing so, speak to an expert landlord and tenant solicitor for advice. They will help you to understand how the law applies to your specific circumstances and advise you on the steps you should take to achieve your desired outcome. From there, they can also manage many of the legal requirements on your behalf, to ensure you remain compliant with the relevant legislation.
