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.

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.

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.