Whether you have a large or small property portfolio, our friendly and reliable team are on hand to help each step of the way.
We provide a full range of professional services to support landlords. We can assist you with the following:
Tenancy agreements
Evicting tenants (or recovering possession)
Defended claims
Trespass claims
Illegal evictions
Rent recovery and enforcement
Tenancy Agreements
Tenancy agreements are the landlords contract with their tenants and need to be drafted in accordance with the landlords needs. There are certain legal requirements for the agreements themselves and they can often be in the form of an Assured Shorthold Tenancy or 'AST's'.
The Forbes Landlord Complete service offers advice to landlords and agents in the drafting of tenancy agreements, compliance with pre-contract obligations, advice on pre-existing or proposed tenancy agreements and advice on ancillary documentation such as inventories, checklists and rent arrears statements.
Defended Claims
Whilst most possession claims are undefended, the tenant will have the opportunity to submit a defence to the claim. If a tenant submits a defence, they will have to set out clearly in writing why they believe the court should not grant possession. The defences we see range from allegations of breaches by a landlord to procedural or administrative errors rendering the claim invalid.
If a claim becomes defended or disputed, then the court will not decide the claim in the early stages, but instead will list direction and a trial to decide the matter. This will delay the outcome of the case typically by around 8 months from the date of issue. However, the trial date is very much dependent on the court's own availability.
Trespass Claims
If you have an occupier in your residential property who has entered and remained there without your permission, then you may be able to treat them as a trespasser and utilise a different procedure to remove them from the property.
There are also circumstances where occupiers have been allowed into a property (without a tenancy, for example as a licensee), but have outstayed their welcome. They can potentially be turned into a trespasser by service of a particular type of notice seeking possession. Thereafter, Court proceedings can be instigated.
Illegal Evictions
It is a legal requirement to obtain a possession order before a residential tenant or occupier can be evicted. Even after a possession order is obtained, and if the occupier does not vacate voluntarily, the only way to actually evict the tenant is by the use of Court appointed or authorised bailiffs.
If tenants or occupiers are evicted without following the correct process, then the landlord is potentially subject to criminal and civil proceedings, including a fine, prison sentence or tenants being allowed back in to the property.
As such, landlords are well advised to be extremely careful to follow the correct and legal procedures to evict a tenant.
Rent Recovery and Enforcement
We can also assist with the recovery of rent arrears from former (or indeed current) tenants.
Rent arrears are, in effect, a debt claim against the tenant. They can either be included within the claim (if on the Standard Basis) or pursued separately.
If included within a successful (standard) claim, then the Order for Possession will also include an Order for Payment of the rent arrears and usually something towards your costs. That is enforceable in the normal ways as a County Court Judgment.
If the accelerated procedure is used for possession, then you will need to bring a separate claim to recover the rent arrears. That will generally involve issuing a letter before action and then, if that does not prompt payment, issuing a fresh county court claim against the tenant.
Our debt recovery team, Forbes Collect, can advise on the best approach to recovering rent arrears. Please contact a member of the team for further information.
No matter the size of your portfolio, at Forbes, we believe that every landlord is entitled to their rights. Whether you're having issues with a tenant, need to cover rent or need relevant eviction information, Forbes Solicitor's years of experience and our reliable, professional team will ensure you get the outcome that you deserve.
How can Forbes help me to obtain a solicitor approved tenancy agreement?
At Forbes, the last thing we want is for landlords to be put off from investing in the property market because of the fear of troublesome tenants, rent arrears and property disputes - which is why we endeavor to create a well thought-out, solicitor approved tenancy agreement early on.
As mentioned above, our professional team can offer advice to current and prospecting landlords about what they should include in their tenancy agreement and ensure that they are prepared enough to prevent potential disputes further down the line.
As professional solicitors, we can advise on exactly what to include in your solicitor tenancy agreement based on your situation. This will not only work to prevent any issues occurring, but will also give you the peace of mind of knowing that an official agreement is in place and that you have the support of an expert solicitor should it be broken. Don't forget, that with a solicitor approved tenancy agreement, you are also liable for your end of the deal, meaning the tenant has rights to things such as a clean and well-maintained property.
How much does using a tenancy agreement solicitor cost?
It's difficult to give an exact figure when it comes to solicitors' fees for tenancy agreements, but at Forbes, we always aim to give our best possible service at a fantastically competitive price. We understand the trials and tribulations that potentially come with being a landlord, which is why we want to offer our tenancy agreement services to everyone that needs it. The cost of the service will depend on the level of work that is involved (such as if your agreement is disputed) and so it's always best to give us a call to discuss your personal situation and take it from there. Contact Forbes Solicitors today.
I want to evict a tenant, can Forbes help?
As tenant eviction solicitors, we will do our utmost to ensure that evicting a tenant is done properly and legally so that not only do you get back what is rightfully yours, but also ensuring that you're not setting yourself up for prosecution should you not go by the book. We understand the frustrations that landlords can feel when they need to evict a tenant or want to make a trespass claim, but this must be done properly with the help of a professional. Our tenant eviction solicitors will ensure that you possess a legal court possession order and walk you through the next steps after that. Not only are we here to provide professional assistance, but we are also here to provide support in a distressing time. For tenant eviction solicitors in Manchester, contact Forbes.
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