Key-Data Systems: Legal Services Through Landlord Assist

To ensure that our clients have the very best legal advice and support, 'Key-Data Systems' have now formed an affiliate relationship with Landlord Assist. Landlord Assist offers a wide range of services to Landlords and Letting Agents to assist them in maximising the potential of their property investments and any tenancy relationship entered into. Their advisers are award winning property experts, and they offer a free advice service and aim to achieve your peace of mind through the effective provision of legal services and practical advice.

Landlord Assist can provide Key-Data clients with a large variety of essential services and legal templates that can be easily incorporcorated into Key-Data Gold to ensure that many of the common negative issues experienced in the Courts regarding tenancy law, can be avoided.

A resumé of the other services follows:

Section 8 Notice:
A ‘section 8 notice to quit’ is also often referred to as a ‘section 8 possession notice’. It is so called as it operates under section 8 of the 1988 Housing Act. The 1988 Housing Act defines 17 grounds that the landlord may invoke to recover possession of the property. These grounds are laid down in Schedule 2 of the Act. When claiming possession under Section 8 it is possible, and Landlord Assist often think it advisable, to cite more than one ground in the claim. Some of the grounds are mandatory which means that if the landlord proves one of these grounds then the Court must award possession. Generally the Section 8 route is used where there is some default on the part of the tenant the most common of which is non payment of rent. Any other breaches such as damage to the property, nuisance to neighbours and the like are also actionable. The notice must be in a prescribed format and upon its expiry, the Court will require Landlord Assist to show adequate evidence or proof of the defaults before it will order the tenant to move out of the rented accommodation.

Section 21 Notice:
Under the legislation a landlord who has granted an assured shorthold tenancy has a legal right to get their property back at the end of the tenancy. In order to achieve this right the correct process needs to be followed which will include the service of a section 21 Notice. Section 21 is divided into a number of subsections with differing rules applying to notices served during the initial fixed term of the tenancy and that of a statutory periodic tenancy. The 1996 Act amended the section 21 of the 1988 Act by requiring that any such notice be issued in writing. The section 21 notice cannot bring the tenancy to an end any sooner than the end of the initial fixed term tenancy. If a landlord wishes to gain possession of the property earlier than this date, this may be possible provided a valid section 8 notice has been served.

Section 13 Notice:
The Housing Act 1988 makes it a requirement for a landlord to issue the tenant with a Section 13 notice if the increase in rent is not stated in the tenancy agreement and the tenant refuses to agree to the increased rent proposed. The form giving notice of an increase in rent is required to be completed by the landlord. The form contains information on the rent increase and the starting date for the new rent proposed. It offers guidance notes for both landlord and tenant and is quite straightforward to complete. If a landlord decides to increase the rent but does not issue a Section 13 notice then the tenant is not obliged to pay the increase in rent, unless stated in the tenancy agreement. If a landlord later tries to gain possession based on unpaid rent arrears due to the increase, then the rent increases may not be accepted by the courts. There would not then be a possession order based on rent arrears and the possession order may be refused.

Court Evictions:
Within 48 hours of the expiry of the initial notice we will arrange for a firm of solicitors to draft, prepare and submit papers to the Court to instigate formal legal proceedings to recover the arrears of rent and/or possession of the property. A date is set to appear before the Judge and one of our appointed advocates will attend the hearing. Invariably the Court will award the landlord a judgement for the debt, costs and possession of the property. It is a very stubborn tenant who will not comply with a direction of the Court. On the rare occasion that the tenant is still in occupation beyond the date set by the Court then we will make an application to the court for the tenant to be removed by a Court Bailiff

Tenant Tracing:
Landlord Assist believe they were the first eviction specialist to offer a tracing service for former tenants. This has proved hugely successful. We can locate tenants and offer a unique service of ‘no trace – no fee' Whether it is an individual, sole trader or company our tracing agents have very up to date information to compliment our field agents. In tracing a number of sources can be used including Land Registry, BT database, Electoral Roll, Credit Databases, DVLA database, HPI Database and Birth, Death and Marriage records. If you have a defaulting tenant, you have nothing to lose – If Landlord Assist cannot find them we refund you the trace fee.

Bailiff:
On the rare occasion that the tenant is still in occupation beyond the date set by the Court then we move to the Bailiff to remove the tenant. Landlord Assist will arrange for a bailiff of the Court to physically remove your tenant and return the property back to you.

Tenant referencing:
Landlord Assist provide a low cost, efficient and thorough tenant referencing service undertaken by trained property professionals. Further information on tenant referencing here.

Landlord Assist Express: £9 plus VAT per reference
Referencing carried out normally within 12 hours and includes the following checks:

Residential Status be it homeowner, private or council tenant
Number of bank accounts held
Number of different lenders
Number of accounts closed
Electoral roll check
Length of residence
Court and insolvency information
Number of searches within last six months
Linked addresses
Alias details
Notice of correction or discharge
Number of utilities accounts
Linked names on electoral roll
County court judgements

Landlord Assist Plus: £20 plus VAT per reference

In addition to the undertakings of Landlord Assist Express we will provide:

Landlord Reference
Employer Reference
Complete Financial

Rent Guarantee Insurance and Legal Expenses:
We offer a Rent Guarantee Scheme: £45 for 6 months cover and £75 for 12 months cover


Please Click Here to learn more about Landlord Assist and to make contact with them. Do not forget to let them know that you are a Key-Data client!