Our tenancy agreements include a list of things that tenants should not do, which covers most issues which may be a problem to an owner or their neighbours e.g. not paying rent, no smoking, no unauthorised pets, preventing damage to the property, preventing noise which is a nuisance to neighbours.
If a resident does not comply with one of these terms they are technically in breach of the tenancy agreement.
Where this happens they are usually relatively minor issues which we successfully address through a conversation with the residents and a notice to warn them to improve their behaviour.
If the residents continue to breach their agreement then the options available depend on the tenancy term.
If the tenancy is a rolling Statutory Periodic Tenancy, or a fixed term Assured Shorthold Tenancy which is near the end of its term, then most owners ask us to serve a Section 21 “no fault” notice to end the tenancy.
However ending a fixed term Assured Shorthold Tenancy earlier than the agreed term needs a Court order. The Court will consider your reason for wanting to “make the residents homeless”, so you need clear and robust evidence that the residents have significantly breached their tenancy agreement.
It usually requires the support of a solicitor to get a court order to end a tenancy for a breach. However if you have Legal Expenses and Rent Protection Cover, your insurer may cover these costs.
As Section 21 “no fault” notices are simple and effective, owners rarely decide to take a resident to court for breach of tenancy. However the Government have said they will prevent landlords from issuing these “no fault” notices in future, in which case, court action will be needed.
The good news is serving a properly constructed Section 21 notice in the right way to get vacant possession of your property at the end of a fixed term tenancy, or after the defined notice in a rolling tenancy, almost always results in the residents leaving the property when due. In the few cases where residents do not leave after such notice it is possible to seek a court order for possession without proving any breach of tenancy.
Very professional organisation that gives good service to both the tenants as well as the landlord. Highly recommended.
Roger Steel
Landlord
All staff at Maxine Lester Residential Lettings are trained to a high standard and I have always found Lisa Gadsby very efficien
Phil Green
Landlord
Every time we have contacted Maxine Lester everyone has been so helpful. We have always had any issues dealt with promptly and...
Jake Benstead
Tenant
Excellent service all round, keeping us informed regularly on our property, always contactable and willing to help with any query.
Paula Frame
Landlord
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