Choice Rentals - Professional Letting Agents | Page 26

Can you start legal proceeding on my behalf?
We can complete the possession claim online on your behalf, however, the fee involved to
the court will need to be paid by you.
You may wish to choose a solicitor and it can be faster and cheaper to use a firm employing
specialistsin Landlord & Tenant Law rather than a general practice family solicitor.
Choice Rentals works with the following firm, who would be pleased to take your
instructions:
Jacksons Law
2 nd Floor
3 Hardman Square, Manchester
M33EB

If I have a Break Clause is this an effective way to gain possession when there are
arrears?
Invoking a Break Clauseto end atenancy should not, in itself, berelied upon as an effective
way to gain possession in an arrears situation. If the tenant failsto give vacant possession
once the Notice expires, you will have lost two valuable monthswhen more formal
proceedingscould have commenced.

•

Under certain circumstances your solicitors might recommend invoking a Break
Clause alongside more formal possession proceedings.

What if I have Rent & Legal Protection?
If you have taken additional rent or legal protection via Choice Rentals your property manager
will be able to advise you how to claim.
Can I change the locks and evict my tenant?
Absolutely not; evictinga tenant without a Possession Order isacriminal offenceunder the
Protection from Eviction Act, punishable by fine or imprisonment.
Can I delay carrying out repairs until the arrears have been cleared?
This is not advisable as failure to carry out repairs can put you in breach of your statutory
and contractual obligations. A tenant might cite such a failure during possession proceedings
asa reason for not clearing their arrears. A sympathetic Judge could then delay or reject your
claim for possession until repairs have been carried out.

•

Repairs should be undertaken as normal in spite of any arrears.