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Managing Tenant risk, and acting quickly

Ignoring bad tenants can cause no end of trouble


Even with the utmost due diligence at the outset, Landlords can find themselves with tenants that default on rent, or damage their property, or otherwise cause an intolerable nuisance.

It is essential in mitigating the loss suffered by Landlords in such circumstances that good ground work and swift action is taken.

By groundwork of course I mean ensuring that a formal comprehensive tenancy agreement is prepared at the outset of the tenancy and entered into by all parties in occupation of the property.A full and broad Inventory is essential in a furnished property, and recommended in an unfurnished property.If a deposit is taken, this must be registered with a recognised deposit registration scheme within 30 days of the Landlord or their Agent receiving it; there is no excuse for missing this deadline.

Cutting corners at the outset of the tenancy is setting the whole relationship up for a fall.

Close ongoing relations with Tenants throughout the term can pay dividends in the event of trouble brewing.Keeping a healthy relationship with your Tenants and carrying out regular but unobtrusive inspections of the property, and maintaining up to date records of the rent received will allow Landlords to identify issues arising at the property or identify missed rental payments as early as possible.

If problems arise Landlords must take into account the Tenants' rights and the need to ensure they do not overstep the law.It is often sensible to make contact with the Tenant to find out whether the issues arising can be mitigated or are likely only to be short term.Landlords must approach such communications with caution however and be sure to avoid any situation that would give the Tenant rise to allege harassment by the Landlord.

If the property has been badly damaged and relations cannot be saved, or the Tenant finds themselves unable to continue paying the rent, appropriate notices must be served as soon as possible requiring the Tenant to provide vacant possession of the property.

It is imperative to get notices and their appendices right first time, as errors in the drafting or service can escape unnoticed by Landlords and only come to light months down the line when the Court refuse to grant possession because of these mistakes.

Court proceedings also must be prepared with care, as mistakes on the filed claim can result in the claim failing, causing a delay of several months often with no rental income being received, not to mention the lost costs of the wasted proceedings.

Jamieson Alexander can assist Landlords from the outset of issues arising, preparing and serving notices requiring possession, preparing and filing Court proceedings, and procuring a 14 day possession order in the resultant Court proceedings.We offer fixed fees for our possession service, and can assist you in enforcement of the possession order and any money judgment through the County or better still the High Court.

All too often clients come to us after having dealt with the notice and court proceedings themselves and unfortunately having made mistakes.It is a false economy for inexperienced Landlords to litigate themselves as so often the minutiae of the Court proceedings are missed and the results can be catastrophic and cost many thousands in further lost never to be recovered rental income.

Call us to discuss your requirements, whether it is the drafting of an up to date Tenancy Agreement, advice on registration of deposits or dealing with problem tenants, we are happy to discuss matters with you at no charge. Read more on our Property Law page or contact us now.

Ben Colenutt

Jamieson Alexander




 

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