Help

Welcome to our Help page.

Landlord Recoveries have compiled a list of the most frequently asked questions together with answers regarding the fixed fee services that we offer.

 

Tenant eviction

The tenancy has come to an end, is the service of a notice really necessary?

Yes.  At the end of the tenancy, the tenant is legally allowed to remain in the property until such a time that an appropriate notice is served.  If the tenant has continued to pay rent this will involve the tenant being served with a ‘section 21 notice’ giving not less than 2 months notice to leave the property.  If the tenant hasn’t paid the rent, then depending on your circumstances a section 8 notice might be more appropriate.  This notice simply gives the tenant 14 days to pay or face eviction.

The service of the correct notice is in all cases and without exception an essential legal pre-requisite if a landlord is to get his/her property back.  Without it, all further stages will fail and a court will not grant an order for possession.

 

Once the notice is served, is there anything else I should do to speed up the process?

No.  Let the notice run its course.  To approach the tenant pressuring them to leave before the notice has ended might be viewed as harassment.  This is a criminal offence pursuant to the Protection from Eviction Act 1977.

All you have to do is leave everything to us.

 

How long will it take to get a court date?

From the expiry of the notice, a court date (the date when a judge will hear your case) will normally take between 6 and 8 weeks.  Court dates can take longer depending on which court is dealing with the claim.  If you are eligible for the accelerated procedure we can usually get a court date within 3 weeks. 

 

Will I have to attend the court hearing?

This will depend on you.  Landlord Recoveries fully understands the pressures people put on themselves when faced with attending court.  We will if necessary discuss with you your circumstances and allay any fears or worries you might have.  Nonetheless, if you still feel that you do not want to attend the hearing we will discuss with you personally your options.  A specialist lawyer will always attend on your behalf and will put your case to the court.

If you do want to attend the hearing, and we would always encourage this, we will inform you of the name of your lawyer and where and when you should meet them at court.  Remember, as you have instructed Landlord Recoveries to act on your behalf, we ensure that it is the lawyer and not you who put forward all legal arguments.

 

What happens if my tenant doesn’t show up at court?

A judge will hear the case in their absence and will ordinarily grant you an order for possession of your property

 

What happens if my tenant does show up at court?

This usually means that they are defending the case.  Our lawyers are specialists and will still put forward legal arguments to try and obtain an order for possession.  If the court doesn’t grant an order for possession the judge will ordinarily adjourn the case for about 4 weeks. 

Click here to see our defended actions service.

 

What will the court order say?

It will say when the tenant should leave the property.  A judge has some discretion to order when a tenant should leave your property, normally 14 days. 

Landlord Recoveries always argues for an immediate possession date. If the tenant doesn’t leave by the date set, Landlord Recoveries will go straight to step 3.

 

What happens on the day of the eviction?

Landlord Recoveries will have arranged for a court appointed bailiff to attend your property.  We will inform you of the time and date.  You should aim to meet at the property with a locksmith 30 minutes before the bailiff is due to turn up.

 

Rent arrears

My tenant has left the property owing me rent.  Can Landlord Recoveries help?

Yes.  If you know where they are and they are not on income based benefit, Landlord Recoveries will ensure a solicitors letter formally demanding the outstanding rent is sent to tenant.  Remember, we are not a debt collection agency; we only have lawyers dedicated to your claim.

 

Do I keep all the rent recovered by Landlord Recoveries?

Yes, every penny.  Unlike a debt collection agency who will take a large percentage of any rent they get back for you, Landlord Recoveries only require from you a one off small fixed fee payable on instruction. 

 

My tenant was receiving housing benefit, can I still get my money back?

Very unlikely.  The financial status of your tenant is all important when considering whether to bring a claim.  Generally, Landlord Recoveries will not pursue a tenant who is in receipt of benefits.

 

Can Landlord Recoveries get a county court judgement (CCJ) against my tenant?

Yes.  If we think you have a strong claim and you ask us to do so, we will issue county court proceedings against your tenant.  There will be more costs involved for this.

 

Squatters and trespassers

How long will it take to get a court date?

Landlord Recoveries can normally get a court date within 14 days.  This can however vary depending on which courts’ jurisdiction the squatters are in.

 

Will I have to attend the court hearing?

As with any eviction, this will depend on you.  Landlord Recoveries fully understands the pressures people put on themselves when faced with attending court.  We will if necessary discuss with you your circumstances and allay any fears or worries you might have.  Nonetheless, if you still feel that you do not want to attend the hearing we will discuss with you personally your options.  A specialist lawyer will always attend on your behalf and will put forward your case to the court.

If you do want to attend the hearing, and we would always encourage this, we will inform you of the name of your lawyer and where and when you should meet them at court.  Remember, as you have instructed Landlord Recoveries to act on your behalf, we ensure that it is the lawyer and not you who put forward all legal arguments.

 

What happens if the squatter shows up at court?

It is very unlikely that a squatter will turn up at court.  If they do turn up it usually means that they believe they are not squatters and are in fact legitimate tenants and will be defending the case.  Our lawyers are specialists and will still put forward legal arguments to try and get an order for possession.  If the court doesn’t grant an order for possession the judge will adjourn the case.  Landlord Recoveries are specialists in taking on squatters who defend claims.  We will at your request fight the case to its resolution.  Click here to see our defended actions service.

 

What will the court order say?

It will tell the squatter or trespasser when they should leave the property.  Landlord Recoveries always argues for an immediate possession date.  If the tenant doesn’t leave by the date set, Landlord Recoveries will go straight to stage 2.

 

What happens on the day of the eviction?

Landlord Recoveries will have arranged for a court appointed bailiff to attend the property.  We will inform you of the time and date.  You should aim to meet at the property with a locksmith 30 minutes before the bailiff is due to turn up. 

Depending on the circumstances, Landlord Recoveries might consider that the appointment of a High Court Sheriffs Officer is more appropriate.  We will happily discuss this with you should the need arise.

 

Tenancy drafting service

Are all residential tenancy agreements the same?

No.  But most landlords will only find this out when something goes wrong and they get stuck with a bad tenant.  To ensure your investment property is fully protected, a tenancy agreement must be tailored to your specific needs.

 

Are ‘off the shelf’ and estate agents tenancy agreements good enough?

Not necessarily.  These are rarely tailored to your specific requirements.  They are broadly drafted in the hope that all angles are covered and the tenants name is simply inserted.

 

Why do I need a bespoke tenancy agreement?

Property investment is only profitable and worthwhile if the tenant is paying the rent.  Many landlords find themselves in deep financial trouble when the rent is not paid.  One of the main reasons why rent is not paid is because the tenancy agreement is poorly drafted and the tenant tries to rely on a loophole within it.  When mortgages go unpaid your investment property is at risk.  Your investment is worth tens if not hundreds of thousands of pounds.  You will be putting total strangers in its charge.  You do not want to leave anything to chance if something goes wrong.