Landlords & Tenants Archives - Solicitors in Ipswich

With an uncertain mortgage market and unstable interest rates, many private landlords are planning to sell their rental properties. It’s important to understand the rights, procedures and responsibilities involved in landlord and tenant evictions.

Evictions are a challenging aspect of the landlord-tenant relationship that can arise due to various circumstances, from non-payment of rent to breaches of the lease agreement. A landlord must also serve an eviction notice is they are planning on selling the property.

What are the eviction laws and regulations?
In the United Kingdom, eviction laws and regulations are primarily governed by the Housing Act 1988 and the Housing Act 1996, with additional provisions outlined in the Rent Act 1977 and the Protection from Eviction Act 1977. These laws establish the legal framework for evicting tenants and outline the rights and responsibilities of both landlords and tenants throughout the eviction process.

What are some common grounds for eviction?
Landlords can initiate the eviction process for various reasons, including:

1. Non-payment of rent: If a tenant fails to pay rent as per the terms of the tenancy agreement, the landlord may seek eviction.
2. Breach of tenancy agreement: If a tenant violates the terms of the lease agreement, such as causing damage to the property or engaging in illegal activities, the landlord may pursue eviction.
3. End of tenancy: Landlords may choose not to renew a tenancy agreement at the end of its term, leading to the eviction of the tenant.

What are the procedures for eviction?
The eviction process typically begins with the landlord serving a formal notice to the tenant, informing them of the grounds for eviction and providing a specified period for rectifying the issue or vacating the property. The type of notice served depends on the reason for eviction, with common types including Section 8 and Section 21 notices.

1. Section 8 Notice: This notice is served when the tenant has breached the terms of the tenancy agreement, such as non-payment of rent or anti-social behaviour. The tenant is given a specified period to address the issue, usually 14 or 30 days, failing which the landlord can apply to the court for a possession order.
2. Section 21 Notice: This notice is served when the landlord wishes to end the tenancy at the end of its term or during a periodic tenancy. The notice period is typically two months, and the landlord can proceed to court for a possession order if the tenant does not vacate the property by the specified date.

What happens if legal proceedings are needed?
If the tenant fails to vacate the property after receiving a notice and the landlord obtains a possession order from the court, the next step is eviction by bailiffs. Bailiffs are authorised to remove tenants from the property if they refuse to leave voluntarily, although they must give advance notice of their visit.

What are the Tenant Rights and Protections?
Throughout the eviction process, tenants have certain rights and protections to ensure a fair and lawful procedure. Tenants are entitled to challenge eviction notices and possession orders in court. Additionally, landlords must adhere to strict legal procedures and timelines when seeking eviction, and failure to do so can result in the eviction being deemed unlawful.

How can Smith & Co help?
If you need legal advice or support to manage this process, our experienced Landlord and Tenant team are on hand to answer your questions about serving notice and also possession orders. Contact Amber Rainford for more information on 01473 228011.

At Smith & Co Solicitors, we specialise in equity release transactions and can provide legal advice in a face to face meeting while observing social distancing recommendations. We are also able to answer your questions over the telephone or using online tools such as Skype, Zoom or other virtual options.

To find out whether equity release is right for you, here’s some helpful information for you…..

What is equity release?
If you own your own home, equity release is a way of turning some of the equity in your house into cash.

Will I still be able to live in my house?
Yes!

Can anyone get equity release on their property?
Generally, the schemes are available to people aged 55 and over.

I’ve heard there are different types of schemes. Can you explain it?
There are 2 main types of equity release: –

Home reversion: this allows you to sell either part or all of your home to a reversion provider in return for a lump sum or regular payments; or

A lifetime mortgage: the mortgage is secured against your home, and the lender will have a legal charge against your property until the loan is repaid. The mortgage is designed to run for the rest of your life but there is not usually a monthly repayment. The loan and any accrued interest will be paid back when you die or go into long term care.

What are the benefits of securing money through an equity release scheme?
For many people having access to a cash sum and staying in their own home is an attractive offer. And even better, with some plans, there are no regular payments to make.

Will the cash sum be taxed?
No.

Can I use the cash for anything?
Yes, once you have received your cash lump sum, it’s your choice to spend it as you please.

If I’m paying interest on the loan, can I end up paying more back than the value of my house?
No! The ‘no-negative equity guarantee’ means that you’ll never repay more than the value of your home. Your estate will neverowe more than the property is worth when it’s sold.

How do I go about getting an equity release scheme?

first, you need a conversation with an equity release broker/equity release specialist financial advisor;

you’ll go through the details of the equity release with your equity release financial advisor at a virtual ‘face to face’ or telephone meeting;

a home valuation needs to be done, then an application processed with the lender;

an offer is made along with the legal documents to your solicitor;

you’ll have a face to face meeting with your solicitor, which can be done while observing social distancing, to sign the equity release documentation; and

finally, the funds are released through your solicitor.

Is equity release right for me?
All financial decisions must be given your full attention before making a decision. We recommend you discuss the equity release scheme with your family. It could be you want to provide them with some or all of the cash lump sum. However, you must also consider that releasing equity now will reduce the equity in your property on your death and could result in there being no cash or equity left for your family.

Also, if you receive any means-tested benefits, this could have an effect on your entitlement to receive the benefits. For more information on equity release, call Natasha Price at Smith & Co Solicitors on 01473 228015.

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Smith and Co Solicitors, Clarence House, 21 St. Margaret’s Green, Ipswich IP4 2BN
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