Landlord Advice Line

Member Legal Advice Request

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Direct access to practising housing lawyers

The Landlord Advice Line operated by the BLA gives members direct access to practising housing lawyers who are experts in housing law.

Our landlord advice line is managed by consultants with a wealth of experience dealing with bad tenants.

Recent research has shown that our members have voted our Landlord Advice Line as one of their most valued benefits. The landlord advice line is free to all members of the BLA.

Landlord Advice line top Inquiries include:

What is the process of evicting a bad tenant?

If you have grounds to evict a tenant, you can start the eviction process by serving a Section 8 or 21 notice on your tenant.

Once the notice has expired, you can consider going to court to claim vacant possession of your property.

The grounds for serving a Section 8 eviction notice are set out in Schedule 2 of the Housing Act 1988, as amended by the Housing Act 1996. 

The usual reasons for evicting a tenant are rent arrears.

If you are successful in court, the court generally will award you a 14-day possession order. Should your tenant not vacate after 14 days, you must instruct a county court bailiff to evict your tenant physically.

If you’re a member of The BLA, ring our Landlord Helpline for free advice.

					Serve Notice
Wait for Notice to expire
If tenant has not vacated then:
Apply to Court for Possession Order
Attend Court Hearing (may not need to under section 21 Notice)
Obtain Possession Order
If the tenant does not vacate then:
Enforce Possession Order

Advice for Landlord on deposit: can you help:

Yes, we can help members with deposit claims made by their tenants. 

Tenancy deposit protection issue?

Your tenancy deposit protection scheme offers a free dispute resolution service.

You can use this if you disagree with your tenant about the deposit.

Landlords who fail to protect the tenant’s deposit or give the prescribed information to the tenant within 30 days of receipt will be liable to pay the tenant compensation.

The compensation is between 1 and 3 times the deposit as a financial penalty, and the court can also order the landlord to return the deposit.

A student tenant wants to swap with another student. Can I do this?

You must first check your contract to see if a clause in the contract allows you to do this. If the parties have signed a fixed-term agreement with no such clause, you will need to seek legal advice on dealing with this. Members can use the BLA’s free landlord advice helpline.

Question on creating a new tenancy? 

It is a good idea to use tenancy application forms. You can download a tenancy application form from our download section.

You must register before accessing the member’s area if you are not a member. Membership with the British Landlords Association is £69.95 per year.

I want to let my property. Do I need to tell my lender?

In a nutshell, No! If you fail to tell your lender, you will be in breach of the conditions of the mortgage contract.

Lenders are active in combining properties that have been advertised on the rental market without consent.

If you wish to let to a third party, a ‘consent for lease’ is required, which can be obtained by applying to the lender. Because of this, you should inform your lender if you wish to let your property.

How do I know what rent to charge my tenant?

Check Rightmove and Zoopla and speak to your local estate agents. This will give you a good idea of your property’s rental value.

What happens to my tenant’s deposit?

You are required by law to protect the deposit through one of the Government-backed schemes.

Please note we cannot advise on:-

  • Planning or Building regulation issues
  • Housing benefit issues
  • Any Deposit issues- save for your legal obligation under the HA to protect a deposit.
  • How to complete court documents
  • Advice or issues regarding extended leasehold properties or problems with leasehold management companies

Legal aid for possession proceedings

Landlords cannot get legal aid under the legal aid scheme. We highly recommend you obtain legal protection to cover defaulting tenants. You will need to check the policy wording, especially the exclusion section, to ensure it is fit for purpose. 

How to Use the Member’s Landlord Advice Line?

Please complete the enquiry form above, where advice may be offered by email or, if prudent, by telephone. We will respond in 3 days maximum (excluding weekends or public holidays).

Please note you must state the full name of the BLA membership member. Non-members will need to join before we can offer support.

The British Landlords Association is a national landlords association for residential & commercial landlords. Join us today. Membership for the year is only £79.95

Alternatively, members can email us at [email protected]

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