Telephone services for property law

Why a MyLawyer property law telephone service?

The MyLawyer property law telephone service enables you to get a range of property related documents drafted by a member of our legal team over the phone. From shorthold tenancy agreements through to documents for accelerated possession, MyLawyer is here to help.

Documents in this area

• Stage 1: Before you start court proceedings (accelerated possession)

  The documents contained in this pack include everything you will need before you can start court proceedings to claim back possession of your property if it is rented using an assured shorthold tenancy agreement.

  Begin the process by using the document 'Notice under section 21 of the Housing Act 1988' along with its associated covering letter. (Please note that you cannot use this section 21 notice if you taken a deposit but have not sent to your tenants a notice of the government-authorised tenancy deposit protection scheme that you are using. If you have not yet done this, you should use the document 'Notice to tenant(s) of deposit protection scheme' first.)

  Once you have correctly served the section 21 notice, use Form N215 - Certificate of service to record how and when the section 21 notice was served.

  If the tenants do not move out of the property in the time stipulated in the section 21 notice, you can move to stage two in the process by using our pack 'Stage two: Start court proceedings for possession (accelerated possession)'.

  Pack documents:

  • Notice to tenant(s) of deposit protection scheme
  • Notice under section 21 of the Housing Act 1988
  • Covering letter for section 21 notice
  • Form N215 - Certificate of service
• Stage 2: Starting court proceedings for possession (accelerated possession)

  Use this pack after correctly serving a notice confirming which deposit protection scheme you are using and/or a section 21 notice, and the tenant(s) have not vacated the premises within the time stipulated in the notice, you can use this pack to start court proceedings to obtain an order evicting your tenant(s).

  The documents contained in this pack give you everything you must use in order to start court proceedings and obtain an order for possession. The pack contains all the court forms, letters and ancillary documents, such as schedules required to follow the court procedure and to claim back your costs, where your tenancy agreement states that the tenant(s) will be liable to pay for them.

  You should begin the process by completing the document 'Form N5B - Claim for possession of property (accelerated procedure)' and send this to the court along with the associated covering letter 'Covering letter for claim form N5B (issuing claim at court)'.

  If the tenant(s) fails to defend your claim in the prescribed time governed by the court procedure, you will need to use the 'Letter requesting judgment in default (accelerated possession procedure)' and, if your tenancy agreement states that the tenant(s) will be liable to pay for your costs, our 'Schedule of costs for applications to court to recover costs'.

  Pack documents:

  • Form N5B - Claim for possession of property (accelerated procedure)
  • Covering letter for claim form N5B (issuing claim at court)
  • Letter requesting judgment in default (accelerated possession procedure)
  • Schedule of costs for applications to court to recover costs
• Stage 3: Enforcing your possession order (accelerated possession)

  Where you have obtained a court order for possession against your tenant(s) using the accelerated possession procedure and they have failed to vacate the property by the time stipulated in the order, you can use this pack to apply to the court bailiff to remove the tenant(s) from your property and to regain possession. The pack contains the court forms and letters required to follow the court procedure.

  Begin the process by completing the document 'Form N325 - Request for warrant of possession of land' and sending it to the court using its associated covering letter 'Covering letter for form N325 (application for warrant of possession)'. During the course of the court procedure you will need to send the 'Letter to bailiffs enclosing completed forms'.

  Pack documents:

  • Form N325 - Request for warrant of possession of land
  • Covering letter for form N325 (application for warrant of possession)
  • Letter to bailiffs enclosing completed forms
• Licence to occupy business premises
  Use this document to create a licence for a business premises. A licence might be suitable where giving occupation is merely an act of friendship or generosity; the occupier will be sharing the premises, for example, a stall or kiosk; or where the arrangement is short term or temporary. Please note that this document can only be used in England & Wales and Northern Ireland.
• Medium term lease of commercial premises with rent review

  This lease is suitable for a self-contained property located in the UK that will be let for between 7 and 20 years (for properties in England or Wales) or between 5 and 20 years (for properties in Scotland or Northern Ireland).

  It can be drafted for a maximum of 2 landlords and 2 tenants, who can be individuals (or sole traders), limited companies, business partnerships or limited liability partnerships.

  The lease contains a rent review, an optional break clause and standard obligations from the tenant, such as paying the rent, bills and taxes associated with the property, not transferring the lease without your permission and indemnifying you from various costs.

  For properties in England or Wales:

  • The property must have an Energy Performance Certificate (EPC) with a rating of E or better.
  • There is an option to exclude the tenant's right to renew the lease; the required notice to send to the tenant is included.
• Short term lease of commercial premises with no rent review

  Use this agreement if you own a commercial property in the UK and you're granting a short-term tenancy. This means no more than 7 years for properties in England and Wales, 20 years for properties in Scotland, or 21 years for properties in Northern Ireland.

  The lease is only appropriate for a self-contained building and shouldn't be used where there are shared facilities or if you intend to increase the rent during the term. It can be drafted for a maximum of 2 landlords and 2 tenants, who can be individuals (or sole traders), limited companies, business partnerships or limited liability partnerships.

  For properties in England or Wales:

  • The property must have an Energy Performance Certificate (EPC) with a rating of E or better.
  • There is an option to exclude the tenant's right to renew the lease; the required notice to send to the tenant is included.

  For properties in Northern Ireland, if the proposed term is for 5 years or more, we recommend that you use our Medium term lease of commercial premises with rent review.

• Landscaping contract
  Use this landscaping contract when entering into an agreement with a landscaping contractor to provide new landscaping work and/or maintenance services. The document provides for an option to incorporate the specifications and plans of the landscaping work into the agreement. It also provides for various options with regards to the parties, payment, hard or soft landscaping work, new landscaping work or landscaping maintenance work. This document is only for use in England, Wales and Northern Ireland.
• Stage 1: Before you start court proceedings (rent arrears)

  If your tenant(s) has failed to pay rent and is in arrears, you can use this pack to help get them to pay back the rent, or as the first step in the process of starting court proceedings if they do not pay. This pack is suitable for use where you have an assured shorthold or an assured tenancy agreement with the tenant(s).

  You should begin the process by sending your tenant(s) our 'Initial letter to tenants regarding rent arrears'. If you have not already done so, you must also send our ‘Notice to tenant(s) of deposit protection scheme’ (for use with lettings using an ‘assured shorthold tenancy’ only). If the initial letter does not have the desired effect then you should use our ‘Notice under section 8 of the Housing Act 1988’ along with its associated covering letter ‘Covering letter for section 8 notice’ to prepare and serve a formal notice seeking possession upon the tenant(s). You can use our ‘Form N215 - Certificate of service’ to record how and when the section 8 notice was served.

  If it is unlikely that the tenant(s) will pay the rent arrears (due to their financial circumstances) then you may want to consider obtaining a possession order using the accelerated possession procedure as this is quicker, but does not order the tenant(s) to pay the rent back. Start with our pack 'Stage one: Before you start court proceedings (accelerated possession)'.

  Pack documents:

  • Notice to tenant(s) of deposit protection scheme
  • Initial letter to tenants regarding rent arrears
  • Notice under section 8 of the Housing Act 1988
  • Covering letter for section 8 notice
  • Form N215 - Certificate of service
• Stage 2: Starting court proceedings for possession (rent arrears)

  Use this pack after correctly serving a notice seeking possession under section 8 of the Housing Act 1988 where the tenant(s) has failed to pay the rent arrears in the time stipulated in your notice.

  The documents contained in this pack give you everything you must use in order to start court proceedings, obtain an order for possession and to obtain an order for the tenant(s) to pay the rent arrears (if they do not issue a defence at court disputing your claim). The pack contains all the court forms, letters and ancillary documents, such as schedules and witness statements, required to follow the court procedure and to claim back your costs, where your tenancy agreement states that the tenant will be liable to pay for them.

  You should start the process by using the documents ‘Form N5 - Claim for possession of property (rent arrears only)’, ‘Form N119 – Particulars of claim (rent arrears only)’and ‘Schedule of rent arrears for form N119’. You should then send these completed documents to the court along with the associated covering letter ‘Covering letter for claim form N5 & N119’.

  The document notes that come with these documents will explain which of the documents included in this pack you will need to use next or view our flowchart.

  If it is unlikely that the tenant(s) will pay the rent arrears (due to their financial circumstances) then you may want to consider obtaining a possession order using the ‘accelerated possession procedure as this process is quicker, but does not order the tenant(s) to pay the rent back. Start with our pack 'Stage one: Before you start court proceedings (accelerated possession)'.

  Pack documents:

  • Form N5 - Claim for possession of property (rent arrears only)
  • Form N119 – Particulars of claim (rent arrears only)
  • Schedule of rent arrears for form N119
  • Covering letter for claim form N5 & N119
  • Updated rent arrears schedule and witness statement for possession hearing
  • Schedule of costs for applications to court to recover costs
  • Form N215 - Certificate of service
  • Possession claim notice: effect of the coronavirus pandemic on the tenant
• Stage 3: Enforcing your possession order (rent arrears)

  If you have obtained a court order for possession against your tenant(s) for rent arrears and they have failed to vacate the property by the time stipulated in the order, you can use this pack to apply to the court bailiff to remove the tenants from your property and for you to regain possession. The pack contains the court forms and letters required to follow the court procedure.

  Begin the process by completing the document 'Form N325 - Request for warrant of possession of land' and sending it to the court with its associated covering letter, 'Covering letter for form N325 (application for warrant of possession)'. During the course of the court procedure, you will need to send the 'Letter to bailiffs enclosing completed forms'.

  Pack documents:

  • Form N325 - Request for warrant of possession of land
  • Covering letter for form N325 (application for warrant of possession)
  • Letter to bailiffs enclosing completed forms
• Agreement for a landlord to share house/flat
  The owner of a house or flat can use this agreement to take on a lodger to occupy part of the property with them. Because this document creates a licence and not a lease, it means that you can bring the agreement to an end much more easily than under a tenancy agreement, providing you with more protection.
  
  This agreement is suitable for up to 2 owners and 2 lodgers. All the owners must live with and share the property with the lodgers. The lodgers must occupy a single room. If there are 2 lodgers in separate rooms, you will need to create a separate agreement for each room.
  
  Note that to use this document for properties in Wales, you must not give a notice to the lodger stating that this agreement is an occupation contract under the Renting Homes (Wales) Act 2016.
  
  If there's a mortgage over the property, you may need to get the consent of your mortgage provider to take in the lodger.
• Assured shorthold tenancy agreement
  This document should be used by landlords of a residential property to create a fixed-term assured shorthold tenancy agreement. Specific clauses are included to cover gas, electrical and fire safety and building maintenance. It is suitable for both regular lettings and Houses in Multiple Occupancy (HMO). The document deals with a landlord's requirement to use a Government-authorised Tenancy Deposit Protection scheme. Please note that the total rent payable should be less than £100,000 per year.
• Housemates/Flatmates agreement
  Use this agreement if you share, or plan to share, a house or flat with another person or a group of people (up to a maximum of 4 other people). The agreement will set out the financial (e.g. responsibility for bills) and other obligations that each of you will have to each other while living together in the property.
  
  Note that this agreement is not suitable in any of the following situations:

  • You want an agreement to protect your financial interests while living together as a couple (use a cohabitation agreement instead).
  • One of the occupants is the landlord of the property.
  • Each tenant has a separate tenancy agreement with the landlord.
  • The property is not rented.
    
    

What you get from this service:

• A solicitor-approved property law document tailored to your circumstances
• Access to expert advice and guidance over the phone
• Instructions on what to do every step of the way
• A secure online document storage facility

Useful information

How do I give notice to my tenants?

Sharing your house or flat with a lodger?

What is a deposit protection scheme?

What is an assured shorthold tenancy agreement?