This month, I’m grateful to my colleague, Amanda Thurston, who wrote an article recently on this difficult topic.
“Landlord and Tenant law is a notoriously tricky area. It’s all too easy to get into difficulty. Whether you’re a Landlord dealing with a commercial lease or residential tenancies, the chances are that before too long you will come up against a “difficult” tenant.
Of course, if you are the tenant trying to negotiate fair terms for a new tenancy or lease you may well argue you are having to deal with a “difficult” landlord !
In our commercially minded world, Landlords and Tenants have to negotiate hard on many issues within a Tenancy or Lease including :-
- break clauses,
- service charges,
- late payment of rent,
- obligations for repairs
It’s very important for anyone in this position to get the right kind of legal and commercial advice – particularly in respect of dilapidations (in commercial premises), where an experienced surveyor can even be instructed to carry out a valuation to help negotiate a fair settlement.
Arguably, there is extra pressure on residential Landlords as, whether you have just one buy-to-let property or a large portfolio, you need to ensure you have completely up to date advice on all matters regarding how to enforce your Tenancy Agreement. The process of evicting a non-paying tenant is even more of a minefield. It’s so easy to make a simple mistake when dealing with a residential tenant and if your Court application fails, it can leave you out of pocket for outstanding rent and the Court costs. Even worse, you could still be stuck with the non-paying tenant and have to start the eviction process all over again.
For the unwary, there are far too many traps to fall into. Our advice is – take good legal advice! At Curwens’ Hoddesdon office, we have a new commercial property solicitor who has recently joined us – Jolyon Bland – he can be contacted at Jolyon.Bland@curwens.co.uk”