Here at Jamieson Alexander we get terribly upset when clients come to us whose residential tenants have stopped paying their rent and as a consequence our clients are facing repossession by their mortgagees.
All too often we hear of the investor new to the rental property market that's spent years saving up a deposit for a buy to let property, only to have their very first tenants default on the rent in the first few months.
It is unwise to let mortgaged residential property out unless you have the ability to pay the mortgage without any rental income for at least 6 months, because despite what some legal firms promise there is no such thing as a quick claim for possession. Even the accelerated claim process can take months to conclude, longer if there are any problems such as a failure to register the deposit at the outset of the tenancy.
When tenants default on rental payments, unless they vacate the property voluntarily you will need a Court order to evict them, known as a Possession Order. In most cases once Possession Order has expired you will also need a Bailiff's Warrant of Possession which grants the bailiffs the power to enter the property and evict the tenants.
In cases of non-payment it can be advisable to instruct High Court Enforcement Officers to enforce a High Court writ of possession to expedite the possession process in order to avoid further months' of rental arrears accruing.
Jamieson Alexander can assist you in the preparation and service of the relevant notices on your tenants requiring them to give up possession of the property, and thereafter commencing and concluding Court possession proceedings for a Possession Order. We will represent you at any Court hearings and ensure that the process runs as smoothly as is humanly possible. If you want to read more see our dedicated Property Page.
If you are a Landlord with problem tenants, or would like more information on the services we are able to provide to Landlords including drafting of Tenancy Agreements please do not hesitate to contact us.
All too often we hear of the investor new to the rental property market that's spent years saving up a deposit for a buy to let property, only to have their very first tenants default on the rent in the first few months.
It is unwise to let mortgaged residential property out unless you have the ability to pay the mortgage without any rental income for at least 6 months, because despite what some legal firms promise there is no such thing as a quick claim for possession. Even the accelerated claim process can take months to conclude, longer if there are any problems such as a failure to register the deposit at the outset of the tenancy.
When tenants default on rental payments, unless they vacate the property voluntarily you will need a Court order to evict them, known as a Possession Order. In most cases once Possession Order has expired you will also need a Bailiff's Warrant of Possession which grants the bailiffs the power to enter the property and evict the tenants.
In cases of non-payment it can be advisable to instruct High Court Enforcement Officers to enforce a High Court writ of possession to expedite the possession process in order to avoid further months' of rental arrears accruing.
Jamieson Alexander can assist you in the preparation and service of the relevant notices on your tenants requiring them to give up possession of the property, and thereafter commencing and concluding Court possession proceedings for a Possession Order. We will represent you at any Court hearings and ensure that the process runs as smoothly as is humanly possible. If you want to read more see our dedicated Property Page.
If you are a Landlord with problem tenants, or would like more information on the services we are able to provide to Landlords including drafting of Tenancy Agreements please do not hesitate to contact us.
