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Advice for dealing with bad tenants
Novice landlords in Wigan are losing thousands of pounds each year and risking getting into financial difficulty because they do not fully understand the law when it comes to evicting problem tenants.
Prompted by the buy-to-let boom and the availability of affordable terraces in the borough, the number of landlords with one or two properties in their portfolio has rocketed.
But so too has the level of those falling foul of strict regulations which are in place to handle nuisance tenants.
According to Wigan-based solicitor, Michelle Stevenson, who acts on behalf of residential landlords, novices are most at risk.
She said: "Many of my clients have invested in property as an aside to their main career, becoming part of the growing buy-to-let generation who see property as an investment for the future.
"However, some do not fully plan for when things can go wrong – perhaps when a tenant becomes a nuisance or even fails to pay rent – which can ultimately cost them thousands."
If a landlord wants to evict a tenant, they must first follow one of two routes. If the tenant has breached their agreement, for example, by failing to pay rent, a landlord must issue a Section 8 notice, under the Housing Act 1988.
"Alternatively a landlord can issue possession proceedings under Section 21, by giving two months notice in writing.
Michelle said: "It is important that the notices and proceedings are correctly drafted.
"If they are in some way defective, the court may well dismiss the claim for possession leaving the landlord having to start the proceedings again, wasting valuable time and money with a non-paying tenant still living in the property.
"Landlords also need to be careful that they do not fall foul of the law on unlawful eviction.
"Most people seek legal advice just before they have to go to court, but my advice would be to tackle the issue and enlist help straight away to reduce the losses they may incur."
Michelle has considerable experience in this area of law, in particular housing disrepair, possession proceedings, anti-social behaviour and homelessness.
As well as private landlords, Michelle's clients include local authorities, housing associations and property management companies.
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Friday 25 May 2012
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