Wednesday, 6 August 2014

Landlords’ legal issues

How our cover can help
Landlords’ Legal Solutions protects private landlords of residential property against legal costs. A number of
different types of dispute are covered however the most significant policy feature is cover for repossession.  A typical claim would involve a tenant failing to pay rent which results in a landlord seeking repossession of their property along with recovery of the rent arrears owed to them.

The policy covers mandatory grounds for repossession where property has been let as an assured shorthold tenancy, short assured tenancy or assured tenancy under the 1988 Housing Acts in England, Wales and Scotland.
Cover is also available to repossess if your property has been let to a business for an employee to live in, where you are a resident landlord and have licensed a room to a lodger, and for landlords in Northern Ireland.
Most repossession claims occur because the tenant has fallen behind with their rent. To obtain repossession it is essential that you have fully complied with the rules about protecting tenant deposits and you are required to correctly serve notice to the tenant to quit the property. Failure to do either of these things will interfere with your legal right to repossess.

Different notices apply to terminate a fixed term tenancy (Section 21 in England and Wales or Section 33 in Scotland) while a Section 8 notice will need to be issued where the tenant has defaulted and two calendar months’ rent arrears have accrued. On service of a Section 8 notice the tenant has 14 days to pay up or leave. We can appoint a lawyer to issue eviction proceedings against your tenant if the notice to quit fails to have the desired effect provided that you chased your tenant for rent as soon as it became overdue.  You must also tell us that you wish to claim within 60 days of rent becoming overdue.   

Optional cover
To provide additional security and peace of mind, our Landlords’ Legal Solutions has optional cover to provide rent guarantee cover. This additional protection comes into force upon acceptance of a claim for possession and/or arrears and will pay the landlord from the second month of rent falling into arrears for five months under our six month policy or eleven months under our twelve month policy.

Website information guide
Our on-line law guide provides all the information you need to know about protecting your deposit and about serving notice to quit. You can also down load letters for references, tenancy agreements, Section 8 and 21 notices and various other free documents such as a letter demanding unpaid rent.  The legal services website is at watch the two minute video tour from the home page to learn more about the site before entering your voucher code to register.


If you prefer to speak to someone about a legal matter affecting your property our legal advisers are available 24/7 to provide free advice over the phone.  

 Lesley Attu
 Product Development Manager

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