PROPERTY PODCAST by a specialist property law firm helping landlords with EVICTIONS & LEASE OPTIONS

WHAT IS THE KILLER MISTAKE THAT COULD KICK YOUR EVICTION OUT OF COURT?  Some of the key questions to ask yourself before even thinking about instigating a possession claim are follows: 1.  Do you even have a right to take back possession – do you have a right to bring a possession claim. 2.  What type of tenancy does this relate to? 3.  What type of notice do you need to serve. Do you actually need to serve a notice? There are circumstances when you don’t. 4.  If you are relying on a notice that requires you to rely on specific grounds for possession, do you satisfy those grounds? 5.  How about a potential defence? Could the tenant bring a defence that could completely thwart your claim? It there disrepair at the property?  Has there been a breach of contract on your part as the landlord? Has there been a breach of the equality act 2010? All these are important matters to consider. THE KILLER MISTAKE THAT DESTROYS MOST POSSESSION CLAIMS. IT RESULTS IN LANDLORDS LOSING TIME AND MINE. Guess what it is? It  IS THE ACTUAL EVICTION NOTICE. That is the  primary eviction pitfall.  Serving an invalid notice. Here are the five top reasons that could invalidate your notice 1. The wrong notice;  The wrong notice period; The wrong address; The wrong timing of service; The wrong time limits Wrong Notice Served Serving the incorrect notice could be fatal to a landlord's eviction claim. Different tenancies require different types of notices. The exact procedure is entirely dependent on the tenancy type and tenancy terms.  Our current focus is on Assured shorthold tenancies (ASTs).There are primarily two types of ASTs. Fixed-term tenancies and periodic tenancies. Fixed-term tenancies run for a defined period of time: for example, six months. Periodic tenancies run periodically: for example, week by week or month by month with no fixed term end date. A landlord can use a section 21 notice to take back possession of a property after the fixed term has expired subject to defined prerequisites, which we discuss in a separate recording.A landlord can issue a section eight notice any time if the tenant has breached the tenancy terms and the relevant eviction grounds are met. Landlords must comply with all pre-conditions and ensure the correct notice is served. 2. Wrong Notice Period. Giving the correct notice period is imperative to a successful eviction. Eviction Notice periods have changed. The eviction notice periods are now longer due to Coronavirus (COVID-19). This applies to section 21 notices and section 8 notices. The specific notice periods do differ. A timeline of the notice period required for a section 21 notice is a follows: ●  The eviction notice period before 26 March 2020 was two months ●  The eviction notice period from 26 March to 28 August 2020 was increased to three months  ●  The eviction notice period from 28 August 2020 doubled from three months' notice to six months. 3. Wrong address for service of the eviction notice. Any mistake on a notice could invalidate it—even an error in the address. Please ensure you pay attention to the address for service contained in the tenancy agreement. An address for service often is, but is not always the residential address. 4. 4. The Wrong timing of service of the eviction notice. Subject to satisfying the relevant requirements of the requisite eviction grounds, a section 8 notice can be served at any time during the tenure of the tenancy. A section 21 notice, however, cannot be validly served within the first four months of the tenancy. Timing is crucial.   5. The wrong time limits. The notice won't be valid if it's too short or the landlord applies to Court too late. 

Understanding the eviction rules. Understanding the tenant eviction process. #Evictions #landlord #tenant #Section21notice #Section8notice #rentarrears #UKpropertyinvestment Evictions have changed due to the Covid-19 pandemic. The tenant eviction notices have changed. The tenant eviction timescales have changed. The tenant eviction notices expiry dates have changed. So, there have been many changes for landlords, letting agents and property investors generally. One of the questions I'm commonly asked is can I evict someone right now? Can I evict my tenant right now: November 2020 lockdown 2 in England. The UK government had suspended the legal right of landlords to evict tenants during the COVID-19 pandemic. The government announced that tenants could stay in their properties until at least the 20th of September 2020. Evictions were halted up until that date through various eviction moratoriums and extensions to the eviction moratoriums. The eviction ban was lifted so we can now proceed with eviction proceedings, but eviction enforcement this side of Christmas is almost impossible. There is nothing to preclude you from commencing or continuing the eviction process. It would be prudent to have a good reason for the tenant eviction. A good reason for the eviction could be that the tenant is not paying rent. Whilst this is a legitimate reason for an eviction, we need to be mindful of the Covid-19 season and take the tenants financial circumstances into consideration. I recommend negotiations and perhaps coming up with a payment plan. A good reason for the tenant eviction could be a tenant's violation of the lease terms. The Tenancy agreement that your tenant signed when they moved into the property is a legally binding document. Breaching the terms of that agreement could warrant eviction. Another good reason for the eviction could be that the tenant has caused damage to the landlord’s property. The damage referenced here is normally reckless property damage, criminal property damage, intentional property damage. Property damage is a breach of the contractual terms and could be good reason for the eviction. It is worth noting that, currently the law does not require you to have a reason for the eviction. You are allowed to take your property back just because you want it back. Having a reason for the eviction will determine the route you take eviction-wise. For example if your tenant is in rental arrears, you may want to seek possession of the property using a section 8 notice. In using a section eviction notice, you will be required to set out certain grounds for evicting the tenant. This is pursuant to Schedule 2 to the Housing Act. Your tenancy agreement will need to have a provision in this regard. Watch out for a separate recording on tenancy agreements and what must be contain therein. So, if you are using the rent arrears route, there are three primary grounds that you can rely on a section 8 notice. The first ground is: Ground 8 This ground requires that, Both at the date of the service of the section 8 notice and at the date of the hearing -  If rent is payable weekly or fortnightly, at least eight weeks’ rent is unpaid; (b) If rent is payable monthly, at least two months’ rent is unpaid; (c) If rent is payable quarterly, at least one quarter’s rent is more than three months in arrears; and (d) If rent is payable yearly, at least three months’ rent is more than three months in arrears and for the purpose of this ground "rent" means rent lawfully due from the tenant The second ground is: Ground 10 Some rent is lawfully due from the tenant. Ground 11 is applies even when there aren't any rent arrears on the date on the date of the hearing. Just persistent delays in r ent payment

Rent arrears: Things you cannot do, even if your tenant does not pay rent Rental arrears are rife. Particularly in this current pandemic. According to the telegraph, “there are more than 2,400 eviction court cases waiting to be heard – meaning some evictions may be delayed until next year” .. “More than 300,000 renters may have fallen behind with monthly payments” Landlords have been banned from evicting tenants who are not paying rent. They have power, but they feel powerless. They have got teeth, but they are not allowed to bite. The primary option landlords had in these circumstances was evicting non-paying tenants. That is no longer an option. That option has been taken away. These are desperate times for landlords. Whilst desperate times call for desperate actions,  landlords are reminded not to allow these desperate circumstances to encourage you to take desperate actions. Desperate actions often lead down a downward spiral. The resultant consequences could be dire. Today’s episode serves as a reminder of the ramifications of taking matters into our own hands by using unlawful self-help mechanisms to try to recover the rent or to evict your tenants. It provides a list of ten things we, as landlords, must avoid: the ten commandments. We discuss breach of quiet enjoyment; harassment and unlawful eviction. Feel free to visit us at Creativelegals.com. We are specialist property solicitors and would love to help you with your eviction. Links: https://creativelegals.com https://www.instagram.com/creativelegals/ https://twitter.com/Creativelegals2 https://www.facebook.com/creativelegals https://www.linkedin.com/in/juliecondliffe/ https://www.gov.uk/private-renting-evictions/harassment-and-illegal-evictions https://www.citizensadvice.org.uk/debt-and-money/rent-arrears/eviction-for-rent-arrears/ https://england.shelter.org.uk/housing_advice/eviction/what_is_illegal_eviction https://www.gov.uk/private-renting-evictions/eviction-notices https://www.tenancydepositscheme.com/what-is-illegal-eviction-and-how-do-i-avoid-it/ https://www.rla.org.uk/landlord/documents/useful/DYK_11_Unlawful.shtml https://www.lawsociety.org.uk/law-careers/equality-and-diversity/social-mobility-ambassadors/ambassadors-2017/julie-condliffe/ https://www.dailymail.co.uk/femail/article-8158215/From-McJob-McMillionaire.html https://www.amazon.co.uk/Strategies-Investment-Success-Practical-Portfolio/dp/1547266996 https://england.shelter.org.uk/housing_advice/eviction/how_to_deal_with_rent_arrears https://www.telegraph.co.uk/property/renting/spike-rental-arrears-300000-tenants-fail-pay-time/ #Evictions #RentalArrears #RentArrears Julie Condliffe #JulieCondliffe #CreativeLegals #SimonZutshi #LeaseOption

Rent arrears are mounting. These are unprecedented times for everyone. Particularly with the extended eviction moratorium.  What do you do if your tenant falls into arrears, particularly during the coronavirus eviction ban?  Today we discuss the options available to you should your tenant stop paying rent.  Early contact is key.  You must make contact with your tenant  as soon as reasonably possible to discuss: (1) the cause of the arrears; (2) the tenant's financial circumstances - could you encourage them to complete an income and expenditure form (3)  the tenant’s entitlement to benefits - this could help them and it could also help you in the long run as the payments could be made directly to you depending on the type of benefits they are entitled to. (4) and repayment of the arrears - are you able to agree a payment plan that is affordable for the tenant. Sometimes it is better to receive some rent than no rent You must contact each named tenant separately.     Listen in for all the suggestions of what else you can do. Do feel free to share any other suggestions you may have.   As always,  visit us at Creativelegals.com if we can be of added value.  We are specialist property solicitors and would love to help you with your eviction.  Links: https://creativelegals.com https://www.instagram.com/creativelegals/ https://twitter.com/Creativelegals2 https://www.facebook.com/creativelegals Other useful links https://www.linkedin.com/in/juliecondliffe/ https://www.gov.uk/private-renting-evictions/harassment-and-illegal-evictions https://www.citizensadvice.org.uk/debt-and-money/rent-arrears/eviction-for-rent-arrears/ https://england.shelter.org.uk/housing_advice/eviction/what_is_illegal_eviction https://www.gov.uk/private-renting-evictions/eviction-notices https://www.tenancydepositscheme.com/what-is-illegal-eviction-and-how-do-i-avoid-it/ https://www.rla.org.uk/landlord/documents/useful/DYK_11_Unlawful.shtml https://www.lawsociety.org.uk/law-careers/equality-and-diversity/social-mobility-ambassadors/ambassadors-2017/julie-condliffe/ https://www.dailymail.co.uk/femail/article-8158215/From-McJob-McMillionaire.html https://www.amazon.co.uk/Strategies-Investment-Success-Practical-Portfolio/dp/1547266996 https://england.shelter.org.uk/housing_advice/eviction/how_to_deal_with_rent_arrears https://www.telegraph.co.uk/property/renting/spike-rental-arrears-300000-tenants-fail-pay-time/ #Evictions #RentalArrears #RentArrears Julie Condliffe #JulieCondliffe #CreativeLegals #SimonZutshi #LeaseOption #Rent-to-Rent Rent to Rent Rent arrears #LeaseOptions #LeaseOptionLawyer  

Evictions and Lease Options are our speciality. Today we discuss how to make sure you are protected- safe as houses – steps to ensure you do that. What are you getting yourself into? Lease options: Heads of Terms Is your lease option legally binding?  You want to ensure that your lease option agreement is drafted in a way that will protect you and that it is watertight as a submarine. We are not going down the titanic route Is your lease option enforceable – imagine investing thousands of pounds renovating and refurbishing a property and paying the mortgage on someone’s property for 10 years only to find that the document you signed is unenforceable? I’ll be taking you through best practice on how to ensure your investment is secure and enforceable.  So, today we talk about – heads of terms- what are you getting yourself into. Links: https://creativelegals.com https://www.instagram.com/creativelegals/ https://twitter.com/Creativelegals2 https://www.facebook.com/creativelegals Other useful links  https://www.propertygeek.net/article/property-lease-options-explained/ https://youtu.be/H09-NjQ6MWk https://youtu.be/H09-NjQ6MWk https://youtu.be/qDU46cjvan4 https://youtu.be/tCvsJcIA3J0 https://www.bing.com/videos/search?view=detail&mid=CF5C3C95F0D94B6C2B3ACF5C3C95F0D94B6C2B3A&shtp=GetUrl&shid=ea44cc44-0f2c- https://www.dailymail.co.uk/femail/article-8158215/From-McJob-McMillionaire.html https://www.amazon.co.uk/Strategies-Investment-Success-Practical-Portfolio/dp/1547266996 #GasSafety #Tracerrell #Roouncefield #Section21 #Eviction #EvictionBan #JulieCondliffe #LeaseOptionLawyer #EvictionBan #Section21 Notice #LeaseOptionLawyer Julie Condliffe #Millionaire #Howtobecomeamillionaire #Nomoneydown #Nomoneydowndeals #SamuelLeeds #SimonZutshi #ranjan bhattacharya 

In Trecarrell House Ltd v Rouncefield the Court of Appeal held that the failure to provide a gas safety certificate prior to a tenants occupation does not prevent a landlord serving a s21 notice as long as the relevant certificate has been given before service of the notice. The long-awaited Court of Appeal decision on gas safety certification was finally handed down just a few days ago. This case provides a Fantastic outcome for landlords.  The position commonly held, per the Caridon case, was that a failure to provide an incoming tenant with a Gas Safety Record before occupation commenced would - forevermore - render the landlord in breach of a prescribed requirement and unable to serve a s21 notice.  The primary question before the Court of Appeal was whether a landlord’s failure to provide a gas safety record (“GSR”) prior to a tenant commencing occupation of the property meant that a landlord would never be allowed to serve a section 21 notice ever again on that tenancy. Put simply, this would mean a tenancy that was created as an assured shorthold tenancy would automatically become a full-blown assured tenancy where the only means of eviction would be on fault grounds per scheduled to author Housing Act 1988. Highlights: [03:19] Proper requirements to give a tenant [06:23] The housing act 1988 [10:39] Importance of safety certificate in a prominent position in the premises [15:39] What you should know about Section 21 notice [19:30] Overview of landlord's obligations Quote: “If a tenant were to die at one of your properties and as a direct result of your non-compliance with the gas safety regulations, you could actually be charged for manslaughter. You could also be charged for quite a few other criminal offences.” Links: https://creativelegals.com https://www.instagram.com/creativelegals/ https://twitter.com/Creativelegals2 https://www.facebook.com/creativelegals  Useful links https://www.landlordlawblog.co.uk/2020/06/18/failing-serve-gas-safety-certificate-tenants-move-fatal-s21-claims-says-court-appeal/#:~:text=In%20Trecarrell%20House%20Ltd%20v%20Rouncefield%20the%20Court,remedies%20that%20omission%20before%20service%20of%20the%20notice.     https://www.landlordtoday.co.uk/breaking-news/2020/6/lawyer-to-host-a-masterclass-on-possession-claims-following-yesterdays-case-ruling .   https://www.dailymail.co.uk/femail/article-8158215/From-McJob-McMillionaire.html https://www.amazon.co.uk/Strategies-Investment-Success-Practical-Portfolio/dp/1547266996  https://www.landmarkchambers.co.uk/trecarrell-house-ltd-v-rouncefield-2020-ewca-civ/  https://casetracker.justice.gov.uk/getDetail.do?case_id=20190499 http://www.zimachievers.com/uk/meet-our-2018-female-entrepreneur-nominees/  #GasSafety #Tracerrell #Roouncefield #Section21 #Eviction #EvictionBan #JulieCondliffe #LeaseOptionLawyer #EvictionBan #Section21 Notice #LeaseOptionLawyer Julie Condliffe #Millionaire 

Evictions and Lease Options are our speciality.  Can you send an eviction notice during Coronavirus?  Can you evict a tenant during Covid-19? These are questions that I am asked frequently.  As per my previous podcast, as a landlord, you are unlikely to be able to successfully evict your tenants until 2021. That’s on the premise that serving an eviction notice post the eviction ban (August 2020) means your initial notice would expire in November 2020. Thereafter,  if the tenant does not vacate the property you would need to issue court proceedings. The process between issuance of their proceedings and receiving a possession order has been on average 6 - weeks sometimes longer. This is dependent on how busy the court is and whether or not your paperwork is in order. It also depends on whether or not the tenant has filed a defence, in which case the matter could be protected for even 12 months or in some cases longer.  So, if you issue court proceedings in the middle or the latter part of November you’re unlikely to get a possession order this side of Christmas. You and I know that after the possession order if the tenant does not vacate, you still need to make another court application for a warrant for possession. In light of the potential avalanche of possession proceedings, further delays are likely.  Therefore, we need to put our best foot forward to ensure that we stand a fighting chance of succeeding in this eviction battle. I feel that’s the only way. Do you agree? If yes, listen to this podcast and let us find a way. Links: https://creativelegals.com https://www.instagram.com/creativelegals/ https://twitter.com/Creativelegals2 https://www.facebook.com/creativelegals Useful links https://www.independent.co.uk/topic/eviction https://www.theguardian.com/society/2020/jun/05/eviction-ban-extended-in-uk-by-further-two-months https://england.shelter.org.uk/housing_advice/eviction https://www.gov.uk/government/news/ban-on-evictions-extended-by-2-months-to-further-protect-renters https://www.lettingagenttoday.co.uk/breaking-news/2020/6/eviction-ban-extended-for-another-two-months https://www.lawsociety.org.uk/law-careers/equality-and-diversity/social-mobility-ambassadors/ambassadors-2017/julie-condliffe/ https://www.dailymail.co.uk/femail/article-8158215/From-McJob-McMillionaire.html https://www.amazon.co.uk/Strategies-Investment-Success-Practical-Portfolio/dp/1547266996 #Coronavirusevictionban #Evictatenant r#CoronavirusEviction #Covid-19Eviction #LeaseOptionLawyer Julie Condliffe 

Evictions and Lease Options are our speciality. Can you serve an eviction notice during Coronavirus?  Can you evict a tenant? These are questions that I am asked frequently. The Coronavirus Eviction Ban has affected us as landlords negatively. We want to help you with that process. We KNOW the common pitfalls & want to help you avoid them. Today we cover the Coronavirus eviction ban, the proposed pre-action protocol and how  to successfully and speedily evict you tenant. This episode will help you understand what you need to  do first before you kick start the application process by sending the  very first notice. Highlights: [03:19] Common pitfalls in relation to evictions [06:23] Thoughts about harassment, trespass, breach of quiet enjoyment [10:39] What to know about deposit protection service [15:39] What if the tenant files the defence [19:30] Documents for eviction - energy performance certificate and gas, safety certificate Quote: “If you're utilising the section 21 route, there are certain preconditions that you need to satisfy. So you need to ensure compliance with the following pre-conditions. The first one is in relation to a deposit. Did you take a deposit at term commencement? If you did, then you would have needed to protect it in one of the government backed tenancy deposit schemes, namely the Deposit protection service,  My deposits and Tenancy deposit scheme” Links: https://creativelegals.com https://www.instagram.com/creativelegals/ https://twitter.com/Creativelegals2 https://www.facebook.com/creativelegals other useful links  https://www.independent.co.uk/topic/eviction https://www.theguardian.com/society/2020/jun/05/eviction-ban-extended-in-uk-by-further-two-months https://england.shelter.org.uk/housing_advice/eviction https://www.gov.uk/government/news/ban-on-evictions-extended-by-2-months-to-further-protect-renters https://www.lettingagenttoday.co.uk/breaking-news/2020/6/eviction-ban-extended-for-another-two-months https://www.lawsociety.org.uk/law-careers/equality-and-diversity/social-mobility-ambassadors/ambassadors-2017/julie-condliffe/ https://www.dailymail.co.uk/femail/article-8158215/From-McJob-McMillionaire.html https://www.amazon.co.uk/Strategies-Investment-Success-Practical-Portfolio/dp/1547266996 #GasSafety #Tracerrell #Roouncefield #Section21 #Eviction #EvictionBan #JulieCondliffe #LeaseOptionLawyer #EvictionBan #Section21 Notice #LeaseOptionLawyer Julie Condliffe #SamuelLeeds #SimonZutshi #ranjan bhattacharya #Depositprotection #TenantEviction #Leaseoption #EvictionBan Covid-19 Evictions #Covid-19Evictions  #GovernmentBanonevictions Government Ban on evictions #JulieCondliffe   landlord #landlord #propertyinvestor #propertyinvestment property investment #evict

Evictions and Lease Options are our speciality. Can you serve an eviction notice during Coronavirus?  Can you evict a tenant? These are questions that I am asked frequently. Today I help summarise the power packed previous podcasts we did on the Coronavirus eviction ban, the proposed pre-action protocol and how to successfully and speedily evict you tenant. The summary I provide today will help you understand what you need to do first before you kick start the application process by sending the very first notice It will then help those who have already served eviction notices or what you can do then after you served the eviction notice It will also guide you on what you need to do immediately before issuing court proceedings all this will be In summary form because we've already discussed these matters in a lot more detail.  Hope you find this helpful. Please do feel free to comment and engage with me. I value your feedback.  Feel free to visit us at Creativelegals.com. We are specialist property solicitors and would love to help you with your eviction.  Links: https://creativelegals.com https://www.instagram.com/creativelegals/ https://twitter.com/Creativelegals2 https://www.facebook.com/creativelegals Other useful links https://www.independent.co.uk/topic/eviction https://www.theguardian.com/society/2020/jun/05/eviction-ban-extended-in-uk-by-further-two-months https://england.shelter.org.uk/housing_advice/eviction https://www.gov.uk/government/news/ban-on-evictions-extended-by-2-months-to-further-protect-renters https://www.lettingagenttoday.co.uk/breaking-news/2020/6/eviction-ban-extended-for-another-two-months https://www.lawsociety.org.uk/law-careers/equality-and-diversity/social-mobility-ambassadors/ambassadors-2017/julie-condliffe/ https://www.dailymail.co.uk/femail/article-8158215/From-McJob-McMillionaire.html https://www.amazon.co.uk/Strategies-Investment-Success-Practical-Portfolio/dp/1547266996 #GasSafety #Tracerrell #Roouncefield #Section21 #Eviction #EvictionBan #JulieCondliffe #LeaseOptionLawyer #EvictionBan #Section21 Notice #LeaseOptionLawyer Julie Condliffe #Millionaire #Howtobecomeamillionaire #Nomoneydown #Nomoneydowndeals #SamuelLeeds #SimonZutshi #ranjan bhattacharya #Depositprotection #TenantEviction #Leaseoption #CreativeLegals #EvictionBan Covid-19 Evictions #Covid-19Evictions  #GovernmentBanonevictions Government Ban on evictions #JulieCondliffe Julie Condliffe CreativeLegals #CreativeLegals  landlord #landlord #propertyinvestor #propertyinvestment propertyinvestment #Coronavirusevictionban #Evictatenant #Blacklivesmatter #CoronavirusEviction #Covid-19Eviction #LeaseOptionLawyer #EvictaTenant 

Evictions and Lease Options are our speciality. Can you serve an eviction notice during Coronavirus?  Can you evict a tenant? These are questions that I am asked frequently. Today we discuss the fact that we as landlords are PROHIBITED banned from evictions. On the 5th of June, the government extended its ban on evictions in England and Wales by a further two months. This takes the moratorium on evictions to a total of 5 whole months While the government is taking unprecedented action to protect tenants, the question is have landlords been given adequate protection? We discuss in detail what this means? We answer the question 'Can landlords evict tenants during the eviction ban?". We also help guide you on what you can do to ensure you are eviction ready.  Remember, this a non-advisory platform – no legal, tax or investment advice is offered. The format of the podcast is we get in touch with our feelings about any particular subject matter by sharing our viewpoint, we then face the facts, and discuss what to DO next and sometimes we discuss what not to do.  Links: https://creativelegals.com https://www.instagram.com/creativelegals/ https://twitter.com/Creativelegals2 https://www.facebook.com/creativelegals Other useful links https://www.independent.co.uk/topic/eviction https://www.theguardian.com/society/2020/jun/05/eviction-ban-extended-in-uk-by-further-two-months https://england.shelter.org.uk/housing_advice/eviction https://www.gov.uk/government/news/ban-on-evictions-extended-by-2-months-to-further-protect-renters https://www.lettingagenttoday.co.uk/breaking-news/2020/6/eviction-ban-extended-for-another-two-months https://www.lawsociety.org.uk/law-careers/equality-and-diversity/social-mobility-ambassadors/ambassadors-2017/julie-condliffe/ https://www.dailymail.co.uk/femail/article-8158215/From-McJob-McMillionaire.html https://www.amazon.co.uk/Strategies-Investment-Success-Practical-Portfolio/dp/1547266996 #GasSafety #Tracerrell #Roouncefield #Section21 #Eviction #EvictionBan #JulieCondliffe #LeaseOptionLawyer #EvictionBan #Section21 Notice #LeaseOptionLawyer Julie Condliffe #Millionaire #Howtobecomeamillionaire #Nomoneydown #Nomoneydowndeals #SamuelLeeds #SimonZutshi #ranjan bhattacharya #Depositprotection #TenantEviction #Leaseoption #CreativeLegals #EvictionBan Covid-19 Evictions #Covid-19Evictions  #GovernmentBanonevictions Government Ban on evictions #JulieCondliffe Julie Condliffe CreativeLegals #CreativeLegals  landlord #landlord #propertyinvestor #propertyinvestment propertyinvestment

Providing creative, innovative solutions to every day problems.  Inspiring, intelligent and innovative are some of the synonyms that  describe the legal services we spotlight. We start where others stop, we  don’t follow a path, and we go to uncharted territories to create paths  for others to follow. We are creators and we offer creative legal  solutions.

 #Eviction #TenantEviction #EvictionBan #PropertyInvestment COVID-19 Commonly asked questions in relation to tenant evictions Today we provide answers to landlords burning questions in relating to COVID evictions. If you do have any questions feel free to utilise the link provided or just pop your questions in the comments and will answer as many as possible.  We also offer a free consultation, which you can book using this link: https://creativelegals.co.uk/contact/ The Coronavirus Act 2020 together with related legislation and other measures have had significant implications for landlords’ ability to take back possession. We answer some of the commonly asked tenant eviction questions. 1. I made a possession claim before 3 August 2020 based on rent arrears, which was automatically stayed. Will this still be automatically lifted? If you started a possession claim before 3 August 2020 and want to pursue it, you will need to send the Court and the tenant a reactivation notice. 2. What is a reactivation notice A reactivation notice is a notice that you file with the court and serve on the tenant to restart the stayed proceedings. 3. What should a reactivation notice contain? The Courts will deal with urgent/priority claims first, to assist the court, You As The landlord, will need to identify whether the case should be considered as qualifying under certain categories which include matters such as §  Significant anti-social behaviour §  Extreme rent arrears accrued §  Squatters, illegal occupiers or persons unknown §  Domestic violence where possession of the property is important §  Fraud or Deception §  Unlawful subletting §  Abandonment §  non-occupation or death of the defendant Subject to the matters I've just mentioned, claims issued before the stay commenced on 27 March 2020 will be prioritised. If the Court does not receive information as to how the tenant has been impacted by the Covid-19 pandemic, it may not be able to progress the case until such time as it receives that information. The reactivation notice must set out how the tenant and any dependents have been affected by the Coronavirus pandemic, for example, whether they have suffered loss of income or have been shielding.  So, you as the landlord will need to take steps to determine this. If the case concerns rent arrears, an update on rent arrears over the past two years is to be provided to the Court.  Parties are encouraged to considered other settlement alternatives such as agreeing a repayment plan. 5. Is there a deadline to serve a reactivation notice? Unless a reactivation notice is sent to the Court by 4pm on 29 January 2021, the claim will automatically be stayed.  A formal application to restore the claim will be necessary after this deadline. 6. I made a possession claim after 3 August 2020 A reactivation notice is not necessary for claims made on or after 3 August 2020.  But, you do need to provide the Court with information about the impact that the Covid-19 pandemic has had on the tenant as soon as possible. 7. I Have already got my possession order I'm just waiting to file an application for a warrant for possession. Do I need a reactivation notice? A reactivation notice is not required if you have already received a final possession order. PLEASE SEE THE REMAINING POINTS ON OUR WEBSITE: https://creativelegals.co.uk