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  Fast Track Evictions

  At the time of the Claim for Possession a landlord can request that the enforcement of the possession order be carried out by the High Court. This request can also be made at the possession hearing. The landlord will request this action usually due to delays in using County Court bailiffs, risk of damage to the property and loss of rental income.

   

  The tenant should challenge any request as unnecessary due to lack of notice, especially if children are involved. If the landlord is granted a sealed possession order from the Court they will be entitled to apply for permission for a writ of possession/writ of control. Once the writ of control has been granted, instructions can be issued by the landlord to instruct the High Court enforcement officer to enforce the writ.

   

  If a combined writ of possession/control is applied for this will also allow seizure of assets against rent arrears/costs that are outstanding.

   

  There is no requirement that a tenant be notified of the application for permission to issue a writ of possession and the date of the intended eviction. A High Court bailiff will not sent advance notification of the date of eviction.

  

  by: tenancy solved uploaded May 31, 2018
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  Features of an Assured Shorthold Tenancy

  The property is the tenant’s main residence let as separate accommodation.

  The property cannot be reclaimed by the landlord during the tenants first six months of occupation.

  Unless the grounds for possession are breached the landlord cannot claim possession during the fixed term.

  After the fixed term has ended the landlord can apply for possession using the mandatory ground for possession – Section 21 Housing Act 1988.

  After the fixed term has ended the tenant will become a statutory periodic tenant if he/she stays in occupation.

  

  by: tenancy solved uploaded March 8, 2018
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  Fit for Habitation

   

  Common law contains the implication that furnished accommodation is fit for habitation at the start of an immediate rental although there is no obligation for a landlord to keep it in that condition. It is not applicable when a property is let unfurnished. If a furnished property is not fit for habitation then it is the right of a tenant to terminate the tenancy even if the condition is discovered at a later date.

   

  Any decision to quit the property by the tenant should be taken at the earliest opportunity as the longer a tenant accepts the condition and pays the rent they may lose the right to leave the property due to breach of contract and claim compensation. Any tenant that has suffered injury or the occupied property has become damaged due to a defect or poor workmanship should consult  a solicitor for further advice.

  

  by: tenancy solved uploaded July 19, 2018
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  FURNISHED and UNFURNISHED

  FURNISHED OR UNFURNISHED

  • The decision to furnish your property depends on the type of property you have and your target market. As an example, if the property is a one-bedroom flat and the tenants in the area are predominantly young then the property would more than likely be furnished. Conversely a property such as semi-detached house that would appeal to a family would more than likely be unfurnished as the target market would more likely have their own furniture.

  Unfurnished

  • An unfurnished property is much easier for the landlord to take care of as obviously there is no furniture to purchase and replace when it is worn out or damaged. It is all the tenant’s responsibility. Another advantage is that tenants in unfurnished properties tend to stay longer as the upheaval of moving is much greater if you have to move your own furniture.
  • Although a property maybe mostly unfurnished it is becoming increasingly popular for a landlord to provide such items as cookers, washing machines and refrigerators as these items can be difficult to move and wire or plumb in, in different buildings.

  Furnished

  • Furnishing a property can attract clients and sometimes having everything in place saves having a property empty for a couple of months due to there being no takers who have their own furniture in the market at the time.
  • The most common items for replacement/repair are washing machines and other white goods but more often and not these are in place even in unfurnished properties nowadays.
  • It’s better to spend as little as possible on furniture but for it to be hardwearing. A lot of domestic furniture maybe cheap but it will not be tough enough to survive the rigors of the rental market. It is better to seek out a supplier of specialist rental market furniture that has been designed for this purpose and it is often possible to buy a complete set of furniture in one off the shelf package.
  • Tenants looking for a furnished property would at the very least expect white goods in the kitchen, sofas and coffee table in the living room and beds with plenty of storage in the bedrooms. Items such as cutlery and small white goods such as kettles are not generally provided. All furniture should comply with the Furniture and Furnishings (Fire) Regulations 1988. This should be borne in mind when buying any second hand furnishings as new items should comply anyway.

  How to Decide

  • Asking local rental agents what is the most popular type of property in the area is one way of making a decision or you can look at websites such as Zoopla or Rightmove and check out similar properties that are “let agreed” and see if the most popular are unfurnished or furnished.
  • If still undecided, then go for unfurnished and state in the properties advertising that there is flexibility. If a prospective tenant prefers a furnished property, then provide the necessary furniture and use this as negotiating point to avoid having to drop the price of the property.
  

  by: tenancysolved uploaded April 14, 2021

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