Conveyancing
Buy to Let
Award Winning Law Firm | Fixed Fees are available.
Here at NewBold Solicitors, we have an experienced team of conveyancers who deal primarily with Buy to Let transactions. They work closely with our Housing Litigation team and with their combined expertise, we can ensure you buy with confidence and understand the complexities of Landlord and Tenant law.
Obtain a quotation for your Buy To Let transaction using our Conveyancing Quote Calculator or see our costs here.
What is a Buy to Let and Let to Buy?
Buy to Let is when a property is purchased with the specific intent of being rented out to tenants rather than for personal use. Let to Buy is where a property is remortgaged to a Buy to Let in order to purchase another property. Both are generally referred to collectively as a ‘Buy to Let property’. A property to rent out can be a stable economic investment for many. However, having a property to either let yourself following completion or with tenant in occupation already, can come with a complexity of considerations and problems.
At NewBold Solicitors, our experienced department is made up of conveyancers who work closely with our housing lawyers so that they can help you navigate the minefield of Landlord and Tenant law. You won’t pay more for their advice, unless the issue results in the involvement of the housing department. Their combination of expertise means that we can help you with even the most complex of cases, ensuring you buy a property free from any breaches of regulations.
Renting Property
Here at NewBold Solicitors, our team also understands the commercial aspects of renting. We are here to ensure that rental is profitable for you, avoiding costly mistakes which can cost thousands of pounds to rectify.
The Law of Landlord & Tenant
The law of Landlord and Tenant is very complex due to constant changes and new legislation evolving. If you are buying-to-let, or are remortgaging to a buy-to-let, you not only have the usual conveyancing issues to deal with, but also the regulations dealing with housing law. This can lead to numerous issues such as inability to sell or remortgage your property with vacant possession.
Buying a property to let is a complex transaction. There are a number of key considerations. These can include (but are not limited to):
- Location (England and Wales have different legal requirements)
- Compliance with national requirements such Rent Smart Wales if in Wales.
If you are purchasing a property subject to an existing tenancy from the outgoing Landlord, you may also wish to consider these points:
- Is there disrepair at the property you have not been informed of?
- What is the status of tenant in occupation?
- Is the tenant in rent arrears?
- Can you recover possession when you decide you want to?
Tenancy Agreements/Occupation Contracts
This is the legal contract between you and the tenant, stating the rights and responsibilities of both parties and which forms the basis of the parties contractual relationship.
In England and Wales, Tenancy Agreements/Occupation Contracts are treated differently and there are different rules relating to each. It is extremely important that the correct rules relating to Tenancy Agreements are applied and used otherwise the agreements entered into could be deemed invalid.
Buy to Let Conveyancing Quotations
A Buy to Let element could apply to a purchase transaction
Please see the information at the links above in respect of each individual transaction. A Buy to Let supplement can be added to quotations for the purchase transactions within our Conveyancing Quote Calculator (green button at the top of the page).
If you have any questions regarding our conveyancing Buy to Let service, please contact us on conveyancing@newboldsolicitors.com or call 0330 191 6280.
We Can Help!
Our experienced team can guide and advise on all of your buy-to-let and rental cases. We ensure you never end up in breach of contract and avoid costly repercussions.
No matter the complexity of your case, rest assured our team of expert conveyancers and housing lawyers will keep you fully informed for the best result possible. For more information about how we can help, get in touch via our contact form or call us on 0330 191 6280.
Ready to move things forward?
Landlords FAQ
What notice should I serve?
The notice will depend on the location of the property and the result you are trying to achieve.
In England the two most commonly used notices are Section 8 notices. The notice period is 2 weeks. There are 18 grounds that will cover any breach of tenancy caused by the tenants actions. The main ones are: ground 8 (serious rent arrears), Grounds IO, 11 that deal with rent arrears, ground 13, if the tenant has damaged the property and ground 14 for nuisance. The other notice is for 2 months, and this is the a non-fault eviction. However, the new Renters Rights Bill 2025 will be changing the grounds in England.
In Wales the notice most commonly used is the RHW20 which deals with breaches of the notice and the other notice is S173 which replaces the former S21. However, the S173 is for 6 months’ notice and not 2 months.
Please note, whatever ground you decide to seek possession under, there are very strict regulatory hurdles you first have to go through to ensure that the notice is valid.
How do I serve a notice?
This is dependent on where in the UK the property is based.
If the property is based in Wales, then you must either serve a RHW20 (breach of contract serious rent arrears), or a S173 notice. Other breaches you need to use the RHW23 notice.
The notices in Wales will rely upon the contract between you and the contract holder and whether you have all the necessary documentation you need in place to serve that notice.
Preparation helps reduce the likelihood of successful challenges from tenants and helps to streamline the process of repossession.
It is also dependent upon whether you have a potential counterclaim (set off) against you for failing to comply with any of the legislative documents.
It is also dependent on your specific requirements (e.g. Do you want to return to live in the property? Do you want to sell the property?). Your requirements will be specific to your own needs.
If the contract holder is more than 2 months in arrears in Wales, you should serve a RHW20, but be careful of setoffs against you, as many contract holders raise last minute claims (e.g. disrepair or failing to register a deposit).
The following are just some of the documents you will need to have in place:
- A gas safety certificate that must be in place for the duration of the occupancy
- A valid Energy Performance Certificate (EPC)
- An electrical safety report
- You must be registered and hold a licence with Rent Smart Wales.
In addition to this, you must ensure that your property is fit for habitation (outlined in the Renting Homes (Wales) Act) and that any bond has been registered in time and the prescribed information has been served.
Apart from the RHW20, you cannot serve a notice in the fixed term.
In England:
Please note the new Renters Rights Bill will possibly change the following advice:
You can serve a S8 for a breach of the tenancy. The S21 notice will not be available to Landlords once the new act comes into force. Instead, there will be more grounds for a Landlord to rely upon in the new S8 notice.
It will make it a lot harder for Landlord to gain possession of properties in England, so if you need to obtain a possession order, it should be dealt with before the new act comes into force.
The notice period of a Section 8 notice will increase; you will not be able to obtain possession within the first 12 months, without specific grounds (e.g. serious rent arrears, which will increase from 2 months to 3 months’ rent arrears, and if there is repossession).
Again, as per Wales, it is important that all the regulatory matters are attended to before the notice is served. Such regulatory matters include (but are not limited to):
- Serving a how to rent guide
- Making sure the gas certificates are updated every year
- That no improvement notice is outstanding
- That the deposit has been registered and the prescribed information has been served.
- There is an EPC and an electrical report available that is in date.
Obtaining possession in England and Wales is very challenging and there are many pitfalls along the way. If you are looking to recover possession in England or Wales, it is important that you seek expert advice. We strongly advise you not to rely on the information we have provided because of the speed of change in housing legislation and case law, and the fact that we cannot cover your circumstances (and each landlords circumstance will vary from another). We are happy to discuss how we can help you in our 10-minute free chat, or we can check your documents to ensure you will be compliant, and what is the most appropriate notice for you to serve, in our £150.00 checking service. If we have completed this, our notices will be served for only £50.00 plus vat per tenant.
My tenant has not paid rent – what are my options?
We understand how frustrating this situation can be and how it can impact your finances and, in some cases, your mental health. As landlords ourselves, we are dedicated to recovering rental income as quickly and effectively as possible.
We have an excellent track record in rent recovery and obtaining possession when a tenant (contract holder in Wales) fails to meet their rental obligations.
You can issue a notice for serious rent arrears (S8 in England, RHW20 in Wales). If you already have a judgment order, you can enforce that order against the tenant. Enforcement options include:
- A third-party debt order to freeze a bank account
- A bailiff or sheriff recovering goods equivalent to the debt
- An attachment to the tenant’s earnings
- Serving a statutory demand
However, it’s crucial to take a step back and consider whether the tenant has any potential claims they might use to offset the rent owed. Sometimes, exploring alternative options to regain possession may prove more beneficial than focusing solely on serious rent arrears.
Similarly, when considering enforcement options, it’s important to evaluate which approach is appropriate and whether it merits your investment to recover the debt. We adopt a practical and commercial approach, collaborating with you to make informed decisions. We do not proceed with a careless approach to the outcome, we always ensure that we do our very best to obtain the most effective outcome for you.
My tenant has breached our agreement – what can I do now?
Both tenants (contract holders in Wales) and landlords have obligations to uphold. Tenants are required to fulfil their obligations just as much as Landlords, and if they fail to do so, a landlord can serve a notice for possession on them.
This notice effectively grants the tenant a two-week period to rectify the breach. If they do not comply, the landlord may proceed with a possession application.
This application will lead to a court hearing. We can represent you at that hearing, or alternatively, arrange for a qualified professional (such as a barrister) to attend on your behalf.
We have strong connections with barristers’ clerks across England and Wales, enabling us to secure their services at low and cost-effective rates.
If your tenant is in breach of contract there are both discretionary and mandatory grounds for possession. As the name suggests, discretionary grounds allow a judge to decide whether to grant possession or issue a suspended possession order. In contrast, with mandatory grounds (for instance, serious rent arrears), if all other elements are proven, the judge is expected to grant possession.
It is crucial that your notice clearly outlines the issue before you apply to the court. We can assist you in preparing this notice and advise you on whether a notice for breach of contract is the most appropriate course of action.
What is an occupation contract?
Since 1 December 2022, the Renting Homes (Wales) Act 2016 has fundamentally changed how properties are rented in Wales. The previous Assured Shorthold Tenancy agreements have been replaced by occupation contracts (unless exemptions apply). Therefore, from 2022 onward, landlords are required to provide a written contract to all tenants.
The Welsh government has issued a model occupation contract, but landlords will often need to modify this model to suit their specific needs and those of the contract holder.
The contract includes provisions that cannot be altered, referred to as ‘Key matters’ — these include the names and addresses of the parties, the property address, and the rental amount. Additionally, there are ‘fundamental terms’ which govern the basic functioning of the contract (e.g. how the contract can be terminated).
Furthermore, there are clauses known as ‘supplemental terms’ that address day-to-day issues. These terms must be mutually agreed upon by you and the contract holder and may echo the provisions found in the original AST (Assured Shorthold Tenancy).
Lastly, there are ‘additional terms’ which comprise practical arrangements agreed upon between the landlord and the contract holder. These can be added as long as they do not contradict the fundamental or supplemental terms, and they must not include any unfair provisions.
If you find this information overwhelming, we can provide you with an occupation contract tailored to your specific needs, ensuring you don’t have to worry about differentiating between supplemental and additional terms to include in your contract.
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FAQ
Common Questions About Our Services
Housing Matters & Landlord Disputes (service notices and evictions etc)
Identification fee (£12.50 + VAT (£15.00)) and Land Registry search (£7.00) applicable for all new instructions.
Drafting and Serving Notice:
Common Notices (Non-Fault or Rent Arrears):
Reviewing pre-Notice requirements to ensure (as far as possible) that any Notice served will be valid – £150.00 + VAT.
Reviewing pre-Notice requirements to ensure (as far as possible) that any Notice served will be valid – £150.00 + VAT.
The above is based on the Landlord having the relevant documentation available to provide for review.
Complex Notices (e.g. breach of tenancy such as anti-social behaviour):
Reviewing pre-Notice requirements to ensure (as far as possible) that any Notice served will be valid – £150.00 + VAT;
Researching and obtaining any necessary evidence to satisfy discretionary grounds – Charged at an hourly rate depending on time spent from@Html.Raw(Model.Count() >= 21 ? Model[(21 – 1)].PriceValue : “”) + VAT per hour;
Thereafter, drafting and serving Notice – £50.00 + VAT (per Tenant)
The above is based on the Landlord having the relevant documentation available to provide for review.
Landlord requires assistance with the regulatory aspects of their housing issue:
Our firms hourly rate starts at £142.00 plus VAT.
Submitting a claim to the Court for possession:
Section 173 or Section 8 (grounds based on rent arrears):
Court Fee – £404.00*
Drafting and submitting claim to the Court – £695.00 + VAT
Review of Section 173 or 8 Notice if it has not been served by us – £150 + VAT
Section 8 (any other ground)
Court Fee – £404.00*
Drafting and submitting claim to the Court based on an hourly basis depending on the amount of time we have to spend to resolve your matter: £142.00-£200.00 + VAT per hour (solicitor depending on experience) or £142.00-£200.00 + VAT (trainee solicitor or paralegal)
Review of Section 8 Notice if it has not been served by us – £150 + VAT *Unless application for possession is submitted to the High Court.
Review of Section 8 Notice if it has not been served by us – £150 + VAT *Unless application for possession is submitted to the High Court.
Enforcement
County Court
County Court Bailiff Fee – £148.00
Our fees for liaising with the Bailiffs Office and completing documentation – £250.00 + VAT
High Court
High Court Sheriff Court Fee – £78.00
Sheriffs Fee if warrant cannot be enforced – £150.00
Our fees for liaising with Sheriffs Office and completing documentation – £420.00 + VAT
VAT is current charged at 20%.
If additional help and support is required, we will discuss the associated services and fees with you before beginning the process.
Housing Matters & Landlord Disputes (service notices and evictions etc)
Identification fee (£12.50 + VAT (£15.00)) and Land Registry search (£7.00) applicable for all new instructions.
Drafting and Serving Notice:
Common Notices (Non-Fault or Rent Arrears):
Reviewing pre-Notice requirements to ensure (as far as possible) that any Notice served will be valid – £150.00 + VAT.
Reviewing pre-Notice requirements to ensure (as far as possible) that any Notice served will be valid – £150.00 + VAT.
The above is based on the Landlord having the relevant documentation available to provide for review.
Complex Notices (e.g. breach of tenancy such as anti-social behaviour):
Reviewing pre-Notice requirements to ensure (as far as possible) that any Notice served will be valid – £150.00 + VAT;
Researching and obtaining any necessary evidence to satisfy discretionary grounds – Charged at an hourly rate depending on time spent from@Html.Raw(Model.Count() >= 21 ? Model[(21 – 1)].PriceValue : “”) + VAT per hour;
Thereafter, drafting and serving Notice – £50.00 + VAT (per Tenant)
The above is based on the Landlord having the relevant documentation available to provide for review.
Landlord requires assistance with the regulatory aspects of their housing issue:
Our firms hourly rate starts at £142.00 plus VAT.
Submitting a claim to the Court for possession:
Section 173 or Section 8 (grounds based on rent arrears):
Court Fee – £404.00*
Drafting and submitting claim to the Court – £695.00 + VAT
Review of Section 173 or 8 Notice if it has not been served by us – £150 + VAT
Section 8 (any other ground)
Court Fee – £404.00*
Drafting and submitting claim to the Court based on an hourly basis depending on the amount of time we have to spend to resolve your matter: £142.00-£200.00 + VAT per hour (solicitor depending on experience) or £142.00-£200.00 + VAT (trainee solicitor or paralegal)
Review of Section 8 Notice if it has not been served by us – £150 + VAT *Unless application for possession is submitted to the High Court.
Review of Section 8 Notice if it has not been served by us – £150 + VAT *Unless application for possession is submitted to the High Court.
Enforcement
County Court
County Court Bailiff Fee – £148.00
Our fees for liaising with the Bailiffs Office and completing documentation – £250.00 + VAT
High Court
High Court Sheriff Court Fee – £78.00
Sheriffs Fee if warrant cannot be enforced – £150.00
Our fees for liaising with Sheriffs Office and completing documentation – £420.00 + VAT
VAT is current charged at 20%.
If additional help and support is required, we will discuss the associated services and fees with you before beginning the process.
Housing Matters & Landlord Disputes (service notices and evictions etc)
Identification fee (£12.50 + VAT (£15.00)) and Land Registry search (£7.00) applicable for all new instructions.
Drafting and Serving Notice:
Common Notices (Non-Fault or Rent Arrears):
Reviewing pre-Notice requirements to ensure (as far as possible) that any Notice served will be valid – £150.00 + VAT.
Reviewing pre-Notice requirements to ensure (as far as possible) that any Notice served will be valid – £150.00 + VAT.
The above is based on the Landlord having the relevant documentation available to provide for review.
Complex Notices (e.g. breach of tenancy such as anti-social behaviour):
Reviewing pre-Notice requirements to ensure (as far as possible) that any Notice served will be valid – £150.00 + VAT;
Researching and obtaining any necessary evidence to satisfy discretionary grounds – Charged at an hourly rate depending on time spent from@Html.Raw(Model.Count() >= 21 ? Model[(21 – 1)].PriceValue : “”) + VAT per hour;
Thereafter, drafting and serving Notice – £50.00 + VAT (per Tenant)
The above is based on the Landlord having the relevant documentation available to provide for review.
Landlord requires assistance with the regulatory aspects of their housing issue:
Our firms hourly rate starts at £142.00 plus VAT.
Submitting a claim to the Court for possession:
Section 173 or Section 8 (grounds based on rent arrears):
Court Fee – £404.00*
Drafting and submitting claim to the Court – £695.00 + VAT
Review of Section 173 or 8 Notice if it has not been served by us – £150 + VAT
Section 8 (any other ground)
Court Fee – £404.00*
Drafting and submitting claim to the Court based on an hourly basis depending on the amount of time we have to spend to resolve your matter: £142.00-£200.00 + VAT per hour (solicitor depending on experience) or £142.00-£200.00 + VAT (trainee solicitor or paralegal)
Review of Section 8 Notice if it has not been served by us – £150 + VAT *Unless application for possession is submitted to the High Court.
Review of Section 8 Notice if it has not been served by us – £150 + VAT *Unless application for possession is submitted to the High Court.
Enforcement
County Court
County Court Bailiff Fee – £148.00
Our fees for liaising with the Bailiffs Office and completing documentation – £250.00 + VAT
High Court
High Court Sheriff Court Fee – £78.00
Sheriffs Fee if warrant cannot be enforced – £150.00
Our fees for liaising with Sheriffs Office and completing documentation – £420.00 + VAT
VAT is current charged at 20%.
If additional help and support is required, we will discuss the associated services and fees with you before beginning the process.
Housing Matters & Landlord Disputes (service notices and evictions etc)
Identification fee (£12.50 + VAT (£15.00)) and Land Registry search (£7.00) applicable for all new instructions.
Drafting and Serving Notice:
Common Notices (Non-Fault or Rent Arrears):
Reviewing pre-Notice requirements to ensure (as far as possible) that any Notice served will be valid – £150.00 + VAT.
Reviewing pre-Notice requirements to ensure (as far as possible) that any Notice served will be valid – £150.00 + VAT.
The above is based on the Landlord having the relevant documentation available to provide for review.
Complex Notices (e.g. breach of tenancy such as anti-social behaviour):
Reviewing pre-Notice requirements to ensure (as far as possible) that any Notice served will be valid – £150.00 + VAT;
Researching and obtaining any necessary evidence to satisfy discretionary grounds – Charged at an hourly rate depending on time spent from@Html.Raw(Model.Count() >= 21 ? Model[(21 – 1)].PriceValue : “”) + VAT per hour;
Thereafter, drafting and serving Notice – £50.00 + VAT (per Tenant)
The above is based on the Landlord having the relevant documentation available to provide for review.
Landlord requires assistance with the regulatory aspects of their housing issue:
Our firms hourly rate starts at £142.00 plus VAT.
Submitting a claim to the Court for possession:
Section 173 or Section 8 (grounds based on rent arrears):
Court Fee – £404.00*
Drafting and submitting claim to the Court – £695.00 + VAT
Review of Section 173 or 8 Notice if it has not been served by us – £150 + VAT
Section 8 (any other ground)
Court Fee – £404.00*
Drafting and submitting claim to the Court based on an hourly basis depending on the amount of time we have to spend to resolve your matter: £142.00-£200.00 + VAT per hour (solicitor depending on experience) or £142.00-£200.00 + VAT (trainee solicitor or paralegal)
Review of Section 8 Notice if it has not been served by us – £150 + VAT *Unless application for possession is submitted to the High Court.
Review of Section 8 Notice if it has not been served by us – £150 + VAT *Unless application for possession is submitted to the High Court.
Enforcement
County Court
County Court Bailiff Fee – £148.00
Our fees for liaising with the Bailiffs Office and completing documentation – £250.00 + VAT
High Court
High Court Sheriff Court Fee – £78.00
Sheriffs Fee if warrant cannot be enforced – £150.00
Our fees for liaising with Sheriffs Office and completing documentation – £420.00 + VAT
VAT is current charged at 20%.
If additional help and support is required, we will discuss the associated services and fees with you before beginning the process.
Landlord Services
Legal Services for Landlords in England & Wales Offer an array of specialist services for landlords who require legal assistance. Contact Us Legal Help for
Rent Repayment Orders
Legal Services for Landlords in England & Wales If a landlord fails to adhere to any regulatory requirements, their tenant or contract holder can apply
Rent Smart Wales Landlords
Landlord Services Rent Smart Wales was introduced on 23 November 2016. If you are a landlord you must register yourself with the scheme and have
Defending Disrepair Claims
Legal Services for Landlords in England & Wales If you’re a landlord and one of your tenants has brought a housing disrepair claim against you,
Claims Against Letting Agents
Landlord & Letting Agent Disputes Landlords often rely on their chosen letting agents, placing their trust and confidence in their abilities. However, the complexities of
Eviction Lawyers
Legal Services for Landlords in England & Wales We are experts in tenant evictions for landlords, offering a low-cost service. However, this does not mean
Bond & Deposit Lawyers
Landlord Bond & Deposit Issues Failing to register a tenant’s deposit can result in you having to pay your tenant up to three times the
Tenancy Agreements & Occupation Contracts
Landlord Services A tenancy agreement (in England) or occupation contract (in Wales) is a legally-binding contract between the landlord and the tenant. When the law
Guarantor Agreement Advice
Legal Services Landlords often ask tenants to provide a guarantor. However, guarantor agreements are a legal minefield and can be ineffective without the right terms
Squatters & Trespassers
Landlord Services The law surrounding trespass is complex. It is not always easy to confirm whether the occupier is a squatter or a tenant. We
Frequently Asked Questions
Experts in both English and Welsh law
Landlords FAQ
What notice should I serve?
The notice will depend on the location of the property and the result you are trying to achieve.
In England the two most commonly used notices are Section 8 notices. The notice period is 2 weeks. There are 18 grounds that will cover any breach of tenancy caused by the tenants actions. The main ones are: ground 8 (serious rent arrears), Grounds IO, 11 that deal with rent arrears, ground 13, if the tenant has damaged the property and ground 14 for nuisance. The other notice is for 2 months, and this is the a non-fault eviction. However, the new Renters Rights Bill 2025 will be changing the grounds in England.
In Wales the notice most commonly used is the RHW20 which deals with breaches of the notice and the other notice is S173 which replaces the former S21. However, the S173 is for 6 months’ notice and not 2 months.
Please note, whatever ground you decide to seek possession under, there are very strict regulatory hurdles you first have to go through to ensure that the notice is valid.
How do I serve a notice?
This is dependent on where in the UK the property is based.
If the property is based in Wales, then you must either serve a RHW20 (breach of contract serious rent arrears), or a S173 notice. Other breaches you need to use the RHW23 notice.
The notices in Wales will rely upon the contract between you and the contract holder and whether you have all the necessary documentation you need in place to serve that notice.
Preparation helps reduce the likelihood of successful challenges from tenants and helps to streamline the process of repossession.
It is also dependent upon whether you have a potential counterclaim (set off) against you for failing to comply with any of the legislative documents.
It is also dependent on your specific requirements (e.g. Do you want to return to live in the property? Do you want to sell the property?). Your requirements will be specific to your own needs.
If the contract holder is more than 2 months in arrears in Wales, you should serve a RHW20, but be careful of setoffs against you, as many contract holders raise last minute claims (e.g. disrepair or failing to register a deposit).
The following are just some of the documents you will need to have in place:
- A gas safety certificate that must be in place for the duration of the occupancy
- A valid Energy Performance Certificate (EPC)
- An electrical safety report
- You must be registered and hold a licence with Rent Smart Wales.
In addition to this, you must ensure that your property is fit for habitation (outlined in the Renting Homes (Wales) Act) and that any bond has been registered in time and the prescribed information has been served.
Apart from the RHW20, you cannot serve a notice in the fixed term.
In England:
Please note the new Renters Rights Bill will possibly change the following advice:
You can serve a S8 for a breach of the tenancy. The S21 notice will not be available to Landlords once the new act comes into force. Instead, there will be more grounds for a Landlord to rely upon in the new S8 notice.
It will make it a lot harder for Landlord to gain possession of properties in England, so if you need to obtain a possession order, it should be dealt with before the new act comes into force.
The notice period of a Section 8 notice will increase; you will not be able to obtain possession within the first 12 months, without specific grounds (e.g. serious rent arrears, which will increase from 2 months to 3 months’ rent arrears, and if there is repossession).
Again, as per Wales, it is important that all the regulatory matters are attended to before the notice is served. Such regulatory matters include (but are not limited to):
- Serving a how to rent guide
- Making sure the gas certificates are updated every year
- That no improvement notice is outstanding
- That the deposit has been registered and the prescribed information has been served.
- There is an EPC and an electrical report available that is in date.
Obtaining possession in England and Wales is very challenging and there are many pitfalls along the way. If you are looking to recover possession in England or Wales, it is important that you seek expert advice. We strongly advise you not to rely on the information we have provided because of the speed of change in housing legislation and case law, and the fact that we cannot cover your circumstances (and each landlords circumstance will vary from another). We are happy to discuss how we can help you in our 10-minute free chat, or we can check your documents to ensure you will be compliant, and what is the most appropriate notice for you to serve, in our £150.00 checking service. If we have completed this, our notices will be served for only £50.00 plus vat per tenant.
My tenant has not paid rent – what are my options?
We understand how frustrating this situation can be and how it can impact your finances and, in some cases, your mental health. As landlords ourselves, we are dedicated to recovering rental income as quickly and effectively as possible.
We have an excellent track record in rent recovery and obtaining possession when a tenant (contract holder in Wales) fails to meet their rental obligations.
You can issue a notice for serious rent arrears (S8 in England, RHW20 in Wales). If you already have a judgment order, you can enforce that order against the tenant. Enforcement options include:
- A third-party debt order to freeze a bank account
- A bailiff or sheriff recovering goods equivalent to the debt
- An attachment to the tenant’s earnings
- Serving a statutory demand
However, it’s crucial to take a step back and consider whether the tenant has any potential claims they might use to offset the rent owed. Sometimes, exploring alternative options to regain possession may prove more beneficial than focusing solely on serious rent arrears.
Similarly, when considering enforcement options, it’s important to evaluate which approach is appropriate and whether it merits your investment to recover the debt. We adopt a practical and commercial approach, collaborating with you to make informed decisions. We do not proceed with a careless approach to the outcome, we always ensure that we do our very best to obtain the most effective outcome for you.
My tenant has breached our agreement – what can I do now?
Both tenants (contract holders in Wales) and landlords have obligations to uphold. Tenants are required to fulfil their obligations just as much as Landlords, and if they fail to do so, a landlord can serve a notice for possession on them.
This notice effectively grants the tenant a two-week period to rectify the breach. If they do not comply, the landlord may proceed with a possession application.
This application will lead to a court hearing. We can represent you at that hearing, or alternatively, arrange for a qualified professional (such as a barrister) to attend on your behalf.
We have strong connections with barristers’ clerks across England and Wales, enabling us to secure their services at low and cost-effective rates.
If your tenant is in breach of contract there are both discretionary and mandatory grounds for possession. As the name suggests, discretionary grounds allow a judge to decide whether to grant possession or issue a suspended possession order. In contrast, with mandatory grounds (for instance, serious rent arrears), if all other elements are proven, the judge is expected to grant possession.
It is crucial that your notice clearly outlines the issue before you apply to the court. We can assist you in preparing this notice and advise you on whether a notice for breach of contract is the most appropriate course of action.
What is an occupation contract?
Since 1 December 2022, the Renting Homes (Wales) Act 2016 has fundamentally changed how properties are rented in Wales. The previous Assured Shorthold Tenancy agreements have been replaced by occupation contracts (unless exemptions apply). Therefore, from 2022 onward, landlords are required to provide a written contract to all tenants.
The Welsh government has issued a model occupation contract, but landlords will often need to modify this model to suit their specific needs and those of the contract holder.
The contract includes provisions that cannot be altered, referred to as ‘Key matters’ — these include the names and addresses of the parties, the property address, and the rental amount. Additionally, there are ‘fundamental terms’ which govern the basic functioning of the contract (e.g. how the contract can be terminated).
Furthermore, there are clauses known as ‘supplemental terms’ that address day-to-day issues. These terms must be mutually agreed upon by you and the contract holder and may echo the provisions found in the original AST (Assured Shorthold Tenancy).
Lastly, there are ‘additional terms’ which comprise practical arrangements agreed upon between the landlord and the contract holder. These can be added as long as they do not contradict the fundamental or supplemental terms, and they must not include any unfair provisions.
If you find this information overwhelming, we can provide you with an occupation contract tailored to your specific needs, ensuring you don’t have to worry about differentiating between supplemental and additional terms to include in your contract.
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