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Landlord and Tenant

Landlord and Tenant

Leases & Tenancy Agreements, Dispute Resolution and Admin

Landlord and Tenant

Landlords of residential property rely upon us to deal with both contentious and non-contentious aspects of landlord and tenant law.

Leases & Tenancy Agreements

Our expertise within this area ensures that our team remain at the very cutting edge of all legal framework developments ultimately ensuring that your obligations are met and your commercial advantage is maintained.

We pride ourselves on our ability to translate legalese into clear, plain English and provide candid advice and practical solutions on all matters of concern to Landlords which may include:

- Assured Shortholds and other Tenancies
- Lease Extensions
- Assignments and sub-letting
- Collective freehold enfranchisement
- Landlords' consents
- Lease renewals and other issues arising from the Landlord & Tenant Acts 1954 and 1995
- Agricultural tenancies

Dispute Resolution & Litigation

As a landlord, you will undoubtedly seek tenants who will occupy your property with due care and respect and act in an honest fashion at all time whist meeting their contractual obligations.

With this in mind, and the appropriate leases in place, you will hope that that a solicitor is not required to act in the case where a tenant has caused issue. In the unfortunate circumstance that such a need arises, you can rest assured that the solicitors at AWS can offer you the best possible route to resolving the dispute in your favour. We are specialist in:

- Landlord and tenant disputes
- Breach of lease consultancy and litigation
- Rent reviews/rent arrears
- Service charge disputes
- Enforcement of covenants
- Issuing proceedings for the possession of premises
- Recovery of service charges
- Recovery of possession
- Removal of unauthorised occupants
- Schedules of dilapidations
- Tenant eviction

Administrative Duties

Administrative duties associated with landlord and tenant arrangements can be time consuming and inconvenient for many landlords, particularly those with other business interests or employment commitments.

Aspects which can place a burden on landlords can be easily outsourced to the team at AWS and managed by qualified solicitors and paralegals who can liaise with your tenants and agents as required. Some of these activities include, but which are not limited to:

- Lease negotiation
- Lease renewal
- Lease extension

Property Tribunals & Representation

Should the worst case scenario arise in the relationship between tenant and landlord, it is possible that you may find yourself being subject to or needing to call upon a property tribunal. This can be a very trying, complicated, stressful and onerous time and you will want to ensure that you have the best representation possible.

Working with Ashley Wilson Solicitors will ensure that you receive advice which is fit for purpose combined with expert representation from a team of solicitors with years of experience in contentious property litigation.

We will work with you to ensure that you stand the best chance of securing a favourable outcome and will offer access to the most qualified Barristers should the need arise. We are specialist in:

- Possession Proceedings
- Forfeiture

 

Our Landlord and Tenant Specialists

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Legal Updates

Renter’s Rights Bill and No-Fault Evictions

The King’s Speech on 17 July 2024 promised a number of changes to the current state of leasehold and rental law – some of which we have covered in previous articles. Here we will discuss the proposed changes to No-Fault Evictions under section 21 of the Housing Act 1988.

Currently, once the contractual term of an assured shorthold tenancy ends, landlords can evict tenants without providing any reason. They just need to serve a “Section 21” notice on their tenants, providing a minimum of 2 months’ notice and satisfy certain pre-conditions. If the tenant does not leave during the notice period, they can issue court proceedings to obtain possession. Proceedings for possession cannot be commenced less than six months after the s.21 notice is given (with exceptions).

The King’s Speech confirmed that the government will ban no fault evictions as part of the Renter’s Rights Bill. This is part of a plan to give greater rights and protection to people renting their homes.

The Bill is currently at the report stage in the House of Commons, having had its first and second readings and has now passed through the committee stage with some amendments.

Right to Manage in an Estate Situation – Who has control of areas shared with other buildings?

The right to manage (RTM) enables leaseholders of residential flats to take control of management of their building via an RTM company that they are members of so replacing the landlord or other third party appointed in the lease in this regard.

Government Publishes Roadmap for Implementing the Renters’ Rights Act 2025

The Ministry of Housing, Communities and Local Government (MHCLG) has now published its much-anticipated roadmap for implementation of the Renters’ Rights Act 2025 (‘The Act’), confirming how – and when – the biggest reform of residential tenancy law in a generation will take effect.

The changes – such as the abolition of section 21 no-fault evictions and assured shorthold tenancies (ASTs) – will be introduced in phases starting in May next year, with significant practical consequences for residential landlords and tenants, managing agents, and investors alike. This article outlines the key changes and implementation dates below.