WE’RE NOT JUDGY ABOUT JUDGMENTS | TENANTS AND LANDLORDS

Continuing our series about situations where people can be judgment debtors or defendants one day, and a judgment creditor or claimant in another situation, let’s look at the situation of landlords and tenants.

It’s fair to say in a “David and Goliath” situation the landlord is usually the Goliath – they own the property and they set the rent and the terms of the tenancy. But sometimes the roles change, the tenant becomes the person who needs to take the landlord to Court to obtain an Order to compel the landlord to comply with their legal and statutory obligations.

In this blog we look at the respective position of both parties |

TENANTS

As a tenant in England and Wales, you have certain legal rights that protect you from negligent or unscrupulous landlords. If your landlord fails to meet their obligations, you have several options available to you to hold them accountable. In this blog post, we will explore the different types of judgments and orders that you can obtain against your landlord.

1. Compensation Orders If your landlord’s negligence or breach of contract has resulted in financial losses for you, you may be entitled to compensation. A compensation order requires your landlord to pay you a specified amount of money to cover your losses.
2. Rent Repayment Orders In certain situations, you may be able to reclaim rent that you have paid to your landlord. For instance, if your landlord has not obtained a license for the property or has violated health and safety regulations, you may be eligible for a rent repayment order. This order requires your landlord to repay some or all of the rent that you have paid.
3. Injunctions If your landlord is engaging in illegal or disruptive behaviour, you may be able to obtain an injunction. This court order prohibits your landlord from engaging in certain actions, such as entering your property without permission or creating excessive noise.
4. Possession Orders In certain circumstances, you may be able to obtain a possession order, which requires your landlord to return possession of the property to you. This effectively ends the tenancy agreement and may be appropriate if your landlord has breached the agreement or if you are being evicted without proper legal procedures.
5. Repair Orders If your landlord has failed to carry out necessary repairs to the property, you may be able to obtain a repair order. This requires your landlord to carry out the repairs within a specific timeframe. If they fail to comply with the order, they may face fines or other penalties.

To summarize, as a tenant, you have legal options to protect yourself from a negligent landlord. These options include compensation orders, rent repayment orders, injunctions, possession orders, and repair orders. If you believe that your landlord has breached your tenancy agreement, it’s essential to seek legal advice as soon as possible to protect your rights and interests.

LANDLORDS

As a landlord in England and Wales, you have certain legal rights that protect you from problematic tenants who fail to fulfil their obligations. If your tenant is in breach of their tenancy agreement or fails to pay rent, you may be able to obtain a money judgment or a possession order against them. In this blog post, we will explore the situations in which a landlord can obtain these orders.

Money Judgments

If your tenant has failed to pay rent, you can obtain a money judgment against them. This requires the tenant to pay the outstanding rent and any other costs or fees associated with the legal proceedings. You can obtain a money judgment through the county court by filling out a claim form. You can then transfer it to Shergroup to compel payment through a High Court Writ. To understand what this means we encourage you to check out our TV show, “Call The Bailiffs, Time to Pay Up” which you can find on Shergroup TV https://www.youtube.com/@shertvvideovault – in Series 1 and 2.

You may also be able to obtain a money judgment if the tenant has caused damage to the property beyond normal wear and tear. This can include intentional damage or failure to carry out necessary repairs that were their responsibility under the tenancy agreement.

Possession Orders

If your tenant is in breach of their tenancy agreement, you may be able to obtain a possession order against them. This requires the tenant to vacate the property, effectively ending the tenancy agreement. You can obtain a possession order through the county court by filing a claim form and providing evidence of the tenant’s breach of the agreement.

Some common reasons for obtaining a possession order include:

• Non-payment of rent
• Anti-social behaviour
• Illegal activities taking place on the property
• Damage to the property beyond normal wear and tear
• Subletting without permission

It’s worth noting that obtaining a possession order can be a lengthy process and you must follow the correct legal procedures. You cannot forcibly evict a tenant without a court order and doing so could result in legal action being taken against you.

The good news is that Shergroup provides a full legal service to help you navigate the court rules through its sister company, Shergroup Legal. You can talk to one of our Business Solutions Advisors and if they think you need further support, they will recommend booking a half hour session with one of our property lawyers at a fixed cost of £150 plus VAT to get you on the right track with your claim.

If you are a property owner who already has a possession order, you may find the court system is terribly slow to give you back possession. Did you know it is possible to transfer your order for possession to the High Court to give you a quicker date for the eviction. Shergroup can help you look at your options and see if you have grounds to transfer your possession order to the High Court. On our website at www.shergroup.com you will find all the ways to connect with us so that we can jump on a conversation about your options.

In conclusion, as a property owner, you have legal options available to you if your tenant is in breach of their tenancy agreement or fails to pay rent. These options include obtaining a money judgment or a possession order. If you’re considering taking legal action against your tenant, it’s important to seek legal advice and ensure that you follow the correct procedures to protect your rights and interests.