Wosskow Brown acts for many businesses in the region, advising on a wide range of property matters, including landlord and tenant issues.
There are some issues on which clients are often unclear and on which they ask our advice.
Here we outline some common questions:
Do I need a tenancy agreement in order for the tenancy to be valid?
No, you don’t need to have a written tenancy agreement for a tenancy to be valid. However, it is advisable that a written agreement is in place to ensure that the terms of the tenancy are clear and to reduce the likelihood of disputes. Landlords should speak to their solicitor to ensure that any tenancy agreement is legally compliant.
What is the difference between a ‘Section 8 Notice’ and a ‘Section 21 Notice’?
A ‘Section 21 Notice’ is quite simply a formal eviction notice requesting possession of a property by a certain date. A ‘Section 8 Notice’ is usually issued where there is a breach of the agreement, such as if the tenant is in arrears of rent.
There are many differences between the two notices but the main one relates to the period of the notice. A ‘Section 21 Notice’ can be issued at any time but must not expire before the end of fixed term under the tenancy, and must give the tenant at least 2 months’ notice. It can be used for both fixed term and periodic tenancies. A ‘Section 8 Notice’ provides for a shorter notice period - for example, two weeks in the case of rent arrears.
What should I do if my tenant is still in the property after the expiry of the notice?
Notify your solicitor who will apply to the court for a possession order against your tenant.
How can Wosskow Brown help with tenancy notices?
We can assess any case and assist in preparing the relevant notice. These notices are quite complex and court proceedings could be invalidated if they are prepared incorrectly. If the tenant remains in the property once the relevant notice period ends, we can issue proceedings on your behalf to obtain a possession order against the tenant to repossess the property.
For further information and advice about commercial property matters, contact Jessica Birch at Wosskow Brown Solicitors on 0114 256 4784 or email Jessica@wosskowbrown.co.uk.