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Q. My Tenant is not paying his rent, what can I do?

A. If the tenant is two or more months in arrears, both at the time of giving the required form of notice and at the date of the court hearing, the court must make an order for possession in favour of the landlord. In addition to granting possession the court will also give judgement for the arrears of rent. If the arrears are less than two months you may still be able to obtain possession but this is not mandatory as the court has overall discretion and may suspend the order for possession upon the tenant complying with terms imposed by the court.

Q. I have let my property on an Assured Shorthold Tenancy. How can I be sure of regaining possession when I want the property back?

A. All new tenancies created since 28 February 1997 are automatically Assured Shorthold Tenancies. To bring the tenancy to an end, two months’ notice must be given. There are strict rules regarding the content and expiry date of such notices. Once the notice has expired, if the tenant continues to occupy the property a claim for possession under the accelerated possession procedure can be brought.

Q. Does a contract need to be in writing to be enforceable?

A. No. An agreement reached by word of mouth is just as binding as a written agreement, although proving the existence of a verbal agreement is more difficult than relying on written documentation. It will boil down to one person's word against another.

Q. If I have entered into an agreement as a result of relying upon an untrue statement made to me by the other party, what can I do?

A. This is an area of the law called misrepresentation. Remedies are available which differ depending on whether the statement was made fraudulently, negligently or innocently. Sometimes it is possible to have the contract set aside and to recover damages.

Please note: The Freqently Asked Questions on the Finn Gledhill website provide answers which briefly summarise complex areas of the law. Our solicitors are happy to discuss any of the issues covered in further detail. Contact details: Email enquiries@finngledhill.co.uk Tel. 01422 330 000.