If you’re a landlord seeking to end an assured shorthold tenancy (AST) legally, there are two avenues you can pursue. In many cases, issuing a Section 21 notice — often called a “no-fault eviction notice” — is the more straightforward route.  With Section 21, you don’t have to give a reason to evict the tenant(s).  In most circumstances, you only have to give your renters two months’ warning by correctly serving a Section 21 notice, and they will be obliged to vacate. If they don’t, you can issue a possession claim and obtain a court order. So far, so good. However, you can’t use Sec ..read more

Most leases are for a confirmed number of years (or sometimes months).  The agreed-upon duration of the contract is known as the ‘term’ of the lease.  One inevitable question for landlords and tenants is what happens when the term expires or ends.  What are the available options? Depending on whether a commercial lease is protected or non-protected, commercial tenants may need to vacate business premises immediately, or they might be allowed to stay.  It depends on the type of tenancy, how the tenants occupy the premises, and whether they wish to continue occupancy. Unless ..read more

If you’re a landlord, Section 8 and 21 Notices are two methods you can use to legally terminate an assured shorthold tenancy agreement (AST) and require the tenant to vacate your property.  The Housing Act 1988 governs both Notices, and they both have their uses. If you’re looking to evict a tenant for misconduct such as nonpayment of rent — or any other reason — which Notice should you use?  Or should you use both? Find out more about when and which Notice to use, and the differences between them below.  What is a Section 21 Notice? Currently, a Section 21 Notice is the go-to r ..read more

On 23 October 2023, the Renters Reform Bill had its Second Reading in parliament. The bill will now continue onto the Committee Stage. The Renters Reform Bill is not yet law but is being closely followed by landlords and property professionals because, as currently drafted, it seeks to abolish the Section 21 notice process.  The position remains unclear. However, there are some further updates below.  For now, the Section 21 procedure lives on, and it remains an important tool for landlords seeking to obtain possession of their property. What’s the Most Recent Update on Section 21 No ..read more

If you’re a landlord letting out residential properties, tenants who fail to pay rent are an unfortunate fact of life.  Dealing with a bad tenant is never easy, but the law does provide remedies when a renter fails to pay. If you have rented your property on an assured shorthold tenancy (AST) basis, a Section 21 notice is the first step to regaining possession of your premises. Commonly referred to as a “no-fault” eviction notice, you can serve a Section 21 on assured shorthold tenants for unpaid rent — or for any other reason. You don’t actually need to give a reason at all, just to ensu ..read more

A new version of the “How to Rent” guide has been released earlier today. Landlords, letting agents and property investors will want to ensure you’re using the current version of the how to rent guide which is available at the link below. Don’t forget to keep the following in mind regarding how to rent guides: Serve at the Outset: You must provide the “How to Rent” guide to your tenants at the beginning of their tenancy. This requirement remains unchanged. Serve Upon Renewal: the updated regulations now mandate that you must serve the “How to Rent” guide again when a tenancy is renewed ..read more

The Renters’ Reform Bill 2023 is currently in its second reading in the House of Commons. The Bill, if made law, will bring to an end Section 21 notice, and it is this part of the Bill that has attracted the most attention in the press. However, there is one provision about tenancy deposits that may have a big impact which we wanted to bring to your attention now. Following the abolition of Section 21 notices, landlords who want to end tenancies will have to serve Section 8 notice, relying on current, new and amended grounds. That is subject to change as the Bill goes through Parliament, so we ..read more

Landlords of commercial properties in England and Wales need to take note of and potentially prepare for increased minimum energy performance requirements, which come into force on 1 April 2023. The new changes are a tightening of the Minimum Energy Efficient Standards (MEES) introduced in 2018, which made unlawful the grant of new leases and lease renewals for non-domestic properties with an Energy Performance Certificate (EPC) rating of lower than a grade ‘E’.  From 1 April 2023, subject to certain exemptions, all tenanted non-domestic properties will have to have been awarded at least ..read more

Guide on how to deal with neighbour trespass + template letter to protect your position Buy Now With landlord / tenant /agency law such a complex area, I was grateful to receive guidance from Alex to helped me through a tricky situation. Helix Law come highly recommended. Abagail DempseySeneca Property Management Ltd Alex Cook (partner) is always a highly recommended solicitor in the property world, and this week I had to instruct him to act in a matter of unlawful eviction. Within 24 hours of instructing Mr. Cook, we had possession back without the need for an immediate ..read more

Enactment The Act received Royal Assent and came into force on 24 March 2022. Protected Rent Debts  The Act creates Protected Rent Debts which are rent arrears, service charges, and interest thereon, due under a commercial tenancy where: the tenancy was adversely affected by the pandemic, meaning if between 2pm on 21 March 2020 and 11:55pm on 18 July 2021 (in England) either the whole or part of the business carried on by the tenant at or from the premises, or the whole or part of the premises, was subject to a closure requirement; and the rent arrears are attributable to a period of occ ..read more