Legal Services for Residential Landlords

Letting lawfully, recovering possession safely

Residential lettings in England and Wales are governed by detailed rules, principally the Housing Act 1988, the Landlord and Tenant Act 1985 and the Protection from Eviction Act 1977. The penalties for getting it wrong are significant: an invalid notice can be struck out, deposit failures can expose you to financial penalties, and self-help eviction is a criminal offence. We help landlords meet their obligations and take the correct steps when a tenancy needs to end.

Possession: Section 21 and Section 8

For an assured shorthold tenancy there are two principal routes to possession. A Section 21 notice is the “no-fault” route used to recover the property at or after the end of a fixed term, and it is only valid where deposit and document requirements have been met. A Section 8 notice is used where the tenant has breached the tenancy, most often through rent arrears, and relies on specific statutory grounds. In some cases serving both notices protects your position. We advise on the right choice for your circumstances and draft the notice to withstand scrutiny.

Rent arrears and money claims

Where a tenant falls behind, you may want to recover the debt as well as the property. The mandatory ground 8 applies where a set level of arrears exists both when the notice is served and at the hearing, while grounds 10 and 11 cover other arrears and persistent late payment. We can pursue arrears within the possession claim or through a separate money claim, following the relevant pre-action conduct rules.

Compliance: deposits and prescribed information

A tenancy deposit must be protected in an authorised scheme within 30 days of receipt, and the prescribed information must be given to the tenant. Failure can result in a penalty of one to three times the deposit and can block a Section 21 notice. We review your deposit handling and the documents you have served so that problems are fixed before, not during, a claim.

Notices and procedure

Possession is won or lost on procedure. We confirm the tenancy type, check that the required documents were given, select the correct notice and current prescribed form, and serve it in a way that can later be proven. If the tenant does not leave once the notice expires, we issue proceedings promptly.

How we work with landlords

We aim to be clear about cost and process from the outset, with funding options including fixed fees where appropriate. Whether you have a single buy-to-let or a larger portfolio, we provide practical advice that protects your investment and keeps you on the right side of the law. Contact us to discuss your situation.