Until they are a few days late with the rent for a month or two.

And then they lose their phone and are only contactable via email.

After three months of not responding to your emails or paying any rent you receive an email saying they are working on it, but it’s very vague with no plan whatsoever.

Feel like going over there and knocking down the door, right?

Before even considering going down that road, it’s best to follow the correct legal procedures. 

In the UK, landlords have the right to evict tenants who are not paying rent, damaging the property or are causing a nuisance. However, eviction is not a simple process, and there are specific steps that landlords must follow to legally remove tenants from their property.

Here are some things you can do:

Issue a Notice

The first step in the eviction process is for the landlord to provide written notice to the tenant. There are different types of notices depending on the situation. For example, if the tenant has broken the terms of the lease by being in arrears with their rent, the landlord will need to serve a section 8 notice.

If the tenant is causing a nuisance and won’t move out when the fixed term comes to an end, the landlord can serve a section 21 notice.

However, it is important to note that there are changes afoot soon with the Renters Reform Bill which proposes a number of changes to the private rented sector. 

Apply for a Possession Order

If the tenant does not pay the rent or leave the property after receiving the notice, the landlord can apply to the court for a possession order. The court will consider the evidence provided by the landlord and the tenant and will make a decision based on the merits of the case. If the court grants a possession order, the tenant will be given a date by which they must leave the property. 

If they do not leave by this date, the landlord can apply for a warrant of possession, which will allow bailiffs to remove the tenant and their belongings from the property.

However, the eviction process can take several months and landlords cannot simply evict tenants themselves. They must follow the legal process and obtain a possession order from the court before taking any action.

It is also important to note that the eviction process differs in Scotland and Northern Ireland. In Scotland, landlords can use a “notice to quit” to end a tenancy, while in Northern Ireland, landlords must obtain a court order before evicting a tenant.

In conclusion, the tenant eviction procedure in the UK is a complex process that requires landlords to follow a specific set of steps to legally remove tenants from their property. Landlords must ensure that they serve the correct notice, obtain a possession order from the court and follow the correct procedure to avoid any legal issues.

Seeking legal advice is recommended to ensure that landlords follow the correct process and avoid any legal issues. Although we don’t deal with property litigation, we do handle lease agreements. We recommend having a good lease agreement from the outset to try avoid these complications, our conveyancing team can help with this.

#leaseagreements #rentalagreements #propertylaw #propertysolicitor #propertylawyer

The post Have a Problem Tenant? Here’s How the Law Can Help. appeared first on Ludlow Lane.

Especially when it comes to leasing commercial properties.

One of the most important legal documents that landlords and tenants will sign is the commercial property licence agreement. This agreement sets out the terms and conditions of the lease and helps to ensure that both parties are clear on their responsibilities and obligations.

If you are a landlord or tenant looking to enter into a commercial property licence agreement, there are several important guidelines that you should be aware of.

Here are some key points to consider when drafting or reviewing such an agreement:

Clearly define the premises

The premises should be clearly defined in the agreement, including any common areas or amenities that are included. This helps to avoid any confusion over what spaces are included in the lease.

Set the term of the lease

The terms of the lease should be specified, including any renewal options that may be available. This ensures that both parties are clear on the length of the lease and when it will expire.

Detail the rent and payment terms

The rental amount should be specified, how it will be calculated and when it is due. It should also outline any penalties for late payments.

Spell out permitted uses

Permitted uses for the premises should be clearly defined. This may include restrictions on how the space can be used or requirements for obtaining permission before making changes to the space.

Outline maintenance responsibilities

The agreement should specify which party is responsible for maintaining the premises, including repairs and maintenance. Any disputes over who is responsible for fixing issues that may arise during the lease will then be handled more easily.

Address insurance requirements

Any insurance requirements for the premises should be defined, including liability insurance and property insurance. It should also outline who is responsible for obtaining and maintaining this insurance.

Set guidelines for termination

The circumstances under which the lease can be terminatedneed to be specified too, including any notice periods that must be provided and fees for terminating early.

Address dispute resolution

How disputes will be resolved should be defined, including any arbitration or mediation procedures that may be required.

Include any additional terms

Additional terms that are specific to the landlord or tenantcan be included, such as options to purchase the property or requirements for subletting.

Ensure compliance with local laws

It is important to ensure that the agreement complies with all applicable local laws and regulations. This may include zoning laws, building codes, and licensing requirements.

You’ll also want to make sure you are aware of the difference between a lease and licence.

Where a lease differs from a licence is in the rights, obligations and protections it gives to the tenant. 

For instance, a lease can be bought and sold, while a licencedoesn’t give tenants any proprietorial rights.

Confusing a lease with a licence can lead to disaster. For example, a tenant may find their licence terminated with minimal notice or tied into a long lease when they’re needing to vacate sooner.

In the end, the commercial property licence agreement is a critical document for both landlords and tenants when leasing commercial properties and needs to be drawn up with care.

By following these guidelines and ensuring that the agreement is clear, comprehensive, and compliant with all relevant laws, both parties can avoid disputes and ensure a successful leasing experience.

Of course, if you are in need of further guidance on this topic, please feel free to get in touch with Robert or one of the team. As property solicitors in Surrey we always aim to provide great service locally in Chipstead and surrounding towns.

#commercialpropertylicense #commercialproperty #propertylicenseguidelines

The post Commercial Property Licences – What to Consider? appeared first on Ludlow Lane.

And as you’re trimming back some of the Blackberry bush you notice something behind it you hadn’t seen before. What are those pretty white flowers?

Is that a Japanese Knotweed?

So you’ve discovered you have an invasive plant species on your property.

What’s the big deal?

Well it may be a bigger deal than you think, especially if you’re planning on selling your home at some point.

There have been cases of people being sued large sums of money for not declaring invasive plant species such as this on their land when selling their property. And it seems they may have genuinely not known about the plant at all before or at the time of the sale.

This story here illustrates how it may be wiser to rather tick “not known” on the sale form when it comes to declaring whether or not there is such a plant on your property.

Even when you really think there couldn’t possibly be one lurking anywhere in your garden.

In any case, it is best to know your garden or at least check it thoroughly for any signs of unwelcome plant life before starting the process of selling.

However, if you’re not planning on selling any time soon and just want to know what your legal responsibilities are, should you have any invasive plants or noxious weeds on your property, then here are some guidelines.

In some parts of the UK, planting, importing, selling or allowing certain invasive species to grow is punishable by up to two years in prison, so it’s vital to know your natives from your non-natives before planting your flower bed.

Invasive plants

An “invasive species” is defined as a species that is non-native (or alien) to the ecosystem under consideration and Whose introduction causes or is likely to cause economic or environmental harm or harm to human health. If you own or occupy land that has invasive plants, you don’t need to notify anyone about these plants being on your land. The problem only comes in when intentionally planting listed species on your land, or intentionally causing existing listed plants to spread.

It’s best to adhere to the following guidelines to ensure you are fulfilling your legal responsibilities:

• spraying invasive plants with herbicide
• cutting and burning invasive plants
• follow specific procedures of burying invasive plant material on site
• follow specific procedures when disposing of invasive plants and contaminated soil off site

You can find a list of invasive plants to look out for here.

Noxious weeds

What is a noxious weed? A noxious weed is any plant designated by law to be detrimental to public health, agriculture, recreation, wildlife or property. Once a weed is classified as noxious, authorities can implement quarantines and take other actions to contain or destroy the weed and limit its spread. Some examples of those considered noxious in the UK are:

• common wild oat
• winter wild oat
• spear thistle
• creeping thistle
• broad leafed dock
• curled leafed dock
• common ragwort

And if all else fails just make sure you make sure to tick the right box on that Property Information form…

#familysolicitorsurrey #familysolicitorchipstead #propertylaw #invasiveplantspeciesuk #noxiousweedsuk

The post What’s Your Legal Responsibility With Invasive Plant Species? appeared first on Ludlow Lane.

Legal & General also discovered that this assistance was also extended to many aged 35 and over – an amount of £2.14bn being borrowed for this purpose.

And there is no doubt that these amounts have increased over the last 2 years with the pandemic.

Clearly this has been of immense benefit to many who would not have ordinarily been able to purchase a property.

Parents help by:

• acting as a guarantor
• providing cash for a deposit on a home
• purchasing a property

When it comes to money transactions it is always a good idea to have things in writing, especially between family members, as these things can become unnecessarily complicated and painful if things aren’t made clear.

Gift or Loan

If the money is gifted, that is one thing. However, giving a gift with the implication that it is a loan to be repaid is another. It is best to state in writing what seems to be obvious, rather than leave things up to interpretation.

When drawing up a loan agreement we recommend including the following:

• When the loan needs to be repaid
• What happens if either party dies
• The interest rate
• Whether the loan can be repaid early or not
• Plan of action if the recipient defaults on their mortgage

“Hard” or “Soft” Loan

In the family court, even once it has been established as a loan, the “hardness” or “softness” of the loan also comes into it. This can a be tricky to ascertain as there are many deciding factors.

It may be decided that the obligation is a ‘hard’ loan if:

• It is to a finance company
• The terms have the feel of a normal commercial arrangement
• It arose out of a written document
• There is a written demand for payment or threat of litigation
• Enforcement was not delayed
• It is an amount that the creditor is not likely to waive

On the other hand, the obligation may be treated as a ‘soft’ loan if:

• It is with a friend or family member with whom the debtor remains on good terms
• It arose informally, and the terms do not have the feel of a normal commercial arrangement
• There has been no written demand for payment
• Enforcement has been delayed
• It is an amount that the creditor is likely to waive

Once again, whether loan or gift, it is highly recommended to have everything agreed upon in writing. Evidence of a loan shown by a “proof of deposit” is not enough and will most times be interpreted as a gift.

This is especially important in protecting family funds in the event of a child’s marriage being dissolved.

In a divorce

Deciding whether financial contributions are returned to the parents, retained by the person related to them or shared between the divorcing couple depends on the following:

• How the financial assistance was provided
• Whether any formal, legal agreement was drawn up
• The spouse’s needs
• Whether the money was gifted or inherited

However, the BoMaD can safeguard themselves.

One way is for a Declaration of Trust to be drawn up which names the parents and is in favour of the provider of the money, ensuring that the funds would be returned.

Also, if there are enough funds available for both divorcing parties’ needs to be met without using the money provided by the parents, the argument will be stronger for the funds to be “returned to sender”.

Whatever your situation may be, it is always recommended to seek legal advice to ensure protection of financial assistance to a child/grandchild when they are married.

The post The Bank of Mum and Dad – the ins and outs appeared first on Ludlow Lane.

Well, trust can be a rare commodity these days. Gone are the days when “spitting on palms” and “shaking on it” was enough to go on. Usually something in writing is a better way forward.

In a similar way, when it comes to the co-ownership of land, Trusts are one of the ways the law comes in to try keep things above board.

But what kind of Trusts?

A Triad of Trusts

If you are married or living together, the property/land is held on trust.

There are three ways a trust can be applicable – Implied Trusts, Express Trusts or Proprietary Estoppel.

Estoppel, you say? What in heaven’s name is that?

Let’s get into the nitty-gritty of these three ways co-ownership of land can be shown.

Implied Trusts

In this case no written agreement is necessary for this type of trust to be in place and they can be divided into two categories: Resulting and Constructive Trusts

Resulting Trust

A Resulting Trust is formed when a person makes contributions towards the purchase price of the property/land. It is then logically presumed that they have an invested interest in this property/land.

However, this can change should there be evidence of the opposite.

The property/land is then held by the legal owner on a Resulting Trust for those that have contributed to the purchase. This is usually in the case of a married and unmarried co-habiting couple.

Constructive Trust

A Constructive Trust is one that is imposed by the court when:

• There is an express or implied bargain* or shared purpose between both people
• Either person has relied on this shared purpose
• The property has been dealt with in a dishonest or unfair way by one party to the detriment of the other (depriving them of their rights with regards to the property). This can be by having stolen it or possessing it by means of fraud

*Express bargain is an agreement/understanding in the way the property is to used or shared which is to be communicated between all parties.

*Implied bargain is when one party makes a contribution to the purchase or pays some of the bills related to the property eg. mortgage repayments

Express Trusts

These come about in two ways. Either by:

• Declaration of self as a trustee
• Transfer of property to trustees

For an Express Trust to be enforceable it must be confirmed in writing after oral agreement.

Proprietary Estoppel

A father promises his son that he will give him the family property and, relying on that promise, the son decides to do a lot of costly renovations on the house in the belief that he would own it in the future. If the father decides to give the property to his daughter in the end, the son could have an estoppel claim against his father (or his father’s estate).

Hopefully this has shed some light on the subject. Of course these things can become more complicated  in reality so if you have any questions, please feel free to get in touch!

The post Property Law: Co-Ownership Of Land appeared first on Ludlow Lane.

The holiday offers a Stamp Duty break on the first £500,000 of the purchase price of a property in England and Northern Ireland up until 30^th June 2021.

Then from June 30^th till September 30^th, 2021 there will be no Stamp Duty payable on a property purchased for up to £250,000.

What is Stamp Duty?

In layman’s terms Stamp Duty is the money the purchaser pays to the taxman when purchasing property or land over a specific value. This certain value was £125,000 and for first time buyers that figure would be £300,000. Purchase prices that exceeded this amount would have to pay anywhere between 2% and 12%.

When will the Stamp Duty Land Tax Return to Normal?

Stamp Duty fee’s will return to their normal rate on 1^st October 2021.

The post Holiday on Stamp Duty Land Tax Has Been Extended appeared first on Ludlow Lane.