Fixed fee Tenancy Agreements

We often receive instructions from landlords who have not been aware of their obligations at the outset of a tenancy and have failed to comply in some way. Some of those obligations can be retrospectively complied with but some cannot, such as the obligation to serve a gas safety certificate on a tenant at the start of a new tenancy.

In such circumstances, a landlord is prevented from serving a valid section 21 notice giving a tenant 2 months notice before using the accelerated possession procedure. The accelerated procedure does not require a court hearing and so is the cheaper and preferred route to obtaining possession of a property.

In those situations our advice is often to serve a section 8 notice seeking possession of a property. Where a tenant has, for example, serious rent arrears of at least 2 months’ rent, it has been the case that a landlord can give 14 days notice and then commence court proceedings to recover their property. Those proceedings will however require a court hearing.

The recent Coronavirus Act 2020 requires that all new section 8 notices from the 26.3.2020 to the 30.9.2020 must give a minimum of 3 months’ notice meaning that the advantage of a short notice period is, for the time being at least, lost. A section 21 notice and the subsequent proceedings are now even more so the preferred option for obtaining possession of a property.

Now, more than ever, it is crucial for residential landlords to get their affairs in order and ensure that their tenancy agreements are watertight and that they comply with their obligations at the outset and during the course of a tenancy. If you have an existing tenancy and would like us to draft a new agreement or if you are intending to enter into an agreement with a new tenant, we can both draft a comprehensive tenancy agreement for you and advise you fully on your obligations.

We can fix our fees for both services to give you certainty as to costs. Our fees are £200 + VAT to simply prepare a draft tenancy agreement or £300 + VAT to prepare an agreement and to comprehensively advise you on a landlord’s obligations.

If you would like to discuss your circumstances then get in touch with our Rob Synnott on 01736 362 362 or rsynnott@cvc-solicitors.co.uk.

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