When I started acting for landlords I had never heard of abandonment notices. I suspect that most lawyers reading this won’t have heard of them either. So far as I am aware, they are not mentioned in any of the law books.
However they are a well known tactic among landlords and letting agents. [...]
Category Archives: Urban Myth
Urban Myth – you don’t need to get a possession order if you use an abandonment notice
Urban Myth – You have GOT to evict a tenant once the s21 notice expires
This post is part of my urban myths series. You can see the rest of the series >> here.
I often get asked by landlords about how long a section 21 notice lasts. Questions include:
Can I let the tenant stay on after the end of the notice period?
If I allow the tenant to [...]
Urban Myth – you can give a tenant a probationary period before the tenancy starts
Probationary tenancy?
This urban myth is really about the law overriding what landlords want to happen. What many landlords would like, is to have their tenants live in the property for a short probationary period, during which time the landlord can evict the tenant at will, before the tenancy starts properly.
Not possible. Sorry!
Street v. Mountford [1985] [...]
Urban Myth – you can evict tenants really quickly using the accelerated possession procedure
The accelerated possession procedure
This urban myth is really due to the rather inappropriate name used for this procedure. The accelerated possession procedure is a special process you can use to get a county court order for possession. It can be quicker than the ’standard’ procedure, but not always. It can only be used for assured [...]
Urban Myth – landlords can take tenants property if they are in rent arrears
It is in many ways unfair. Here is a tenant, living in the landlords property and paying no rent, The landlord meantime, still has pay the mortgage, is responsible for keeping the property in repair, and cannot repossess without getting a court order, which normally takes four to five months.
However, despite all this, a landlord [...]
Urban Myth – you shouldn’t accept rent when evicting a tenant
This is a real hangover from the past, but a surprising number of people still think that accepting rent from a tenant they are evicting will somehow prejudice their case.
This dates back to pre Housing Act law. For hundreds of years back into the past, landlords have been able to evict tenants under a rule [...]
Urban Myth – tenancies must be ‘renewed’ when the fixed term ends
This is a myth largely created by letting agents, as an important part of their income stream comes from charging landlords for ‘renewals’ for tenants. But they are not actually necessary.
In a way, this post follows on from my last Urban Myth post about tenants staying on after the fixed term not being squatters. In [...]
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