Where a tenant is in default on their rent due, a landlord is entitled to enforcement action, but must do so in adherence to proper procedure. Failure to do so can result in the tenant being re-instated and entitled to bring damages against the landlord.
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Celebrating 39 years of practice in , we are leaders in criminal defence, serious fraud, serious crime and many other areas of legal practice. Please click the Legal logo below for more information about our rankings. The team were nothing but straight forward, honest and realistic about the nature of my case and the expected outcome from the minute I got in contact and were willing to take over from the previous company at very short notice. Phone: Tenant Default. Non-payment of rent and forfeiture Non-payment of rent is a specific ground for a landlord exercising the remedy of forfeiture.
Commercial property and forfeiture Where commercial properties are concerned, the landlord is entitled to either 1 peaceably re-enter the premises or 2 seek court proceedings for eviction. Residential property and forfeiture For residential property, a landlord cannot use peaceable re-entry as a means of recovering possession unless it is clear the tenant has vacated the premises and does not intend to return. Property left on premises If unaffixed property has been left by the tenant, the landlord may be legally responsible for its safekeeping until the tenant can recover possession.
Assured shorthold tenancies and non-payment of rent Section 8 Notices With regards assured shorthold tenancies, and where non-payment of rent is concerned, a landlord may serve a Section 8 Notice upon the tenant. Use our letter to demand outstanding rent from a tenant. If rent hasn't been paid after several days start by calling your tenant to ask them what's going on.
If calls don't get through or fall on deaf ears, send your tenant a formal written demand by first class or hand-delivered mail. Your letter should request that the outstanding arrears be paid immediately and ask the tenant to ensure that all future rental payments are made in full and on or by the due date.
You should explain that unpaid arrears could result in court action being taken against the tenant and state that you may make an application to the court for possession of the property should more than two months' rent go unpaid. If you still haven't received outstanding rent 14 days after it is due, send another letter telling the tenant explaining that if they don't pay, you'll take the matter further and seek possession of your property.
If your tenant has provided a guarantor, send the guarantor a letter advising them that the tenant hasn't paid the rent according to the tenancy agreement. Normally the arrears will be paid soon after this letter.
This should be the final step before considering further action to reclaim your property. If your tenant has gone a month without paying rent, and another month is now due, you can consider your tenant to be two months in arrears. At this point you have the right, under the Housing Act , to take action to claim possession of your property. Serving a Section 8 notice informs your tenant that you intend to take them to court if they don't pay within a further 14 days.
This must be done in the prescribed form of a Section 8 notice in order to be valid, so make sure you follow the eviction process closely.
Landlord-tenant law governs the rental of commercial and residential property. It is composed primarily of state statutes and common law. The basis of the legal relationship between a landlord and tenant is grounded in both contract and property law. The tenant has a property interest in the land historically, a non-freehold estate for a given period of time before the property interest transfers back to the landlord.
See State Property Statues. While these four relationship types are generally true, they are subject to state statutes, as well as the actual lease agreed upon by the landlord and the tenant.
The landlord-tenant relationship is founded on duties proscribed by either statutory law , the common law, or the individual lease. Basic to all leases is the implied covenant of quiet enjoyment. This covenant ensure the tenant that his possession will not be disturbed by someone with a superior legal title to the land including the landlord. Subject to limitations expressly stated in a lease, a tenant is typically able to transfer her property interest to a third party. This transfer takes the form of two different actions:.
Whenever parties intend a transfer of interest, they should always consider privity of estate and privity of contract:. As expressed, the ability to transfer interest is subject to certain limitations established by the lease between the landlord and the tenant.
There are typically 3 such clauses which may be used in a lease:. Regarding the "commercially reasonable" standard, courts will use a balancing test in which the court will balance commercial reasonable and unreasonable factors to determine whether the landlord has refused a sub-lease based on commercially reasonable or commercially unreasonable factors. If the refusal was commercially unreasonable, the court will order the landlord to allow the sub-lease.
A landlord, however, may not evict a tenant in retaliation for the tenant reporting housing violations or other problems with the condition of the property. This is typically referred to as the doctrine of retaliatory eviction.
Therefore, in order for a landlord to evict a tenant, the landlord typically must sue the tenant in court and allow the court to enforce an eviction order. If you have questions regarding property law, or are perhaps facing a dispute which you need help to deal with, please contact us on orcomplete our online enquiry form. The team were nothing but straight forward, honest and realistic about the nature of my case and the expected outcome from the minute I got in contact and were willing to take over from the previous company at very short notice.
Phone: Forfeiture Where there is a valid forfeiture clause in the lease agreement, the landlord is given the right of forfeiture where a tenant fails to pay their rent. For commercial properties, the landlord has two options: The landlord can peaceably re-enter the property, meaning that they enter the property force is permissible and change the locks. The landlord has to leave a physical notice at the property to say that the lease has been terminated from that date. This is a very cost-effective solution.
However, the landlord must ensure that no person or property is remaining on the premises, since it is illegal for the landlord to enter and change the locks if there is someone present that objects to this. If the tenant has left items that are not fixed to the property then it may be the responsibility of the landlord to keep them safe until the tenant can reclaim them. The landlord can seek court proceedings for eviction. Options for recovering the outstanding debt include: Using any rent deposit if this is allowed under the Rent Deposit Deed.
Pursuing a claim against a guarantor or former tenant where the lease has been assigned. Entering a payment agreement with the tenant. Serving a statutory demand on the tenant.
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