Despite every effort being made to ensure tenancies run smoothly, sometimes things are outside of both our and your control. In such an event, rest assured that we have it covered. In the event that legal action is required BRH will ensure you are fully prepared and in a position to instruct the appropriate legal services or utilises one of our in house legal support services in order to resolve the issue.
BRH has a whole suite of in-house legal support services to help you in with such matters as evicting a troublesome tenant or recovering the rent that is rightfully yours. In order to make the process as simple and painless as possible, we have packaged our services up on a low cost fixed fee basis, so you know the exact cost of any action you take right from the outset.
Residential Tenant Evictions
Sometimes the relationship between yourself and your tenants becomes strained or you may simply just want your property back. Whatever the reason there is a strict process that must be followed in recovering your property.
This option is open to any landlord who has (throughout the tenancy and indeed, prior to commencement) provided their tenant with the correct paperwork and managed their deposit in line with the rules set out within The Housing Act 2004 (as amended by the Localism Act 2011 and the Deregulation Act 2015). For this reason, all of our Full Management landlords have this service available to them. Accelerated Possession means that we can make an application for possession on your behalf without the need for a hearing and a possession order will be issued within 14 days of the tenant being served with the paperwork by the court. This process is much quicker than a standard possession application. If your tenant has arrears and this process has been followed, we usually advice making a separate money claim for the debt.
If your tenant has more than 8 weeks rent arrears and an appropriate Section 8 Notice has been served then you may wish to instruct us to follow the Standard Possession application route as this will mean that a Money Order is awarded along with the order for possession. However please note that this process can become protracted and delayed as there will be a requirement for a hearing and the judge may apply some discretion depending on the tenants circumstances. You would be required to attend the hearing or to instruct legal counsel to attend on your behalf as BRH is not permitted to represent you in Court.
Each case is unique and we would advise on the best course of action dependant on your required outcome and circumstances.
For our Full Management clients we are able to offer a Debt Recovery service. This means that if your tenant leaves your property owing you rent arrears or having caused damage that exceeds the value of the deposit, we will seek to recover this on your behalf. This could mean setting up a payment plan with the ex-tenant and managing the payments until the debt is paid or it could mean making an application for a County Court Judgement and then directing this to the best channel for enforcement. As with repossession, the best course of action will depend on the specific circumstances and our highly experienced team will talk you through your options should the need for this action occur.