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Category Archives: Property Disputes

Healys represents Hove homeowner in Squatter eviction

By Daniela Catuara | Published: Jun 24,2011

Healys’ Daniela Catuara acted on behalf of a homeowner in evicting squatters occupying her mother’s old family home. Despite contracting a security company to secure the property squatters managed to enter and occupy the property on the eve of the anniversary of Ms Cockin’s mother’s death. As the police could not assist, an application was made to court for an Interim Possession Order (IPO). District Judge Pollard, sitting at Brighton County Court, on 14 June 2011 granted the Interim Possession Order giving the squatters 24 hours (from service of the IPO) to leave or face criminal sanctions. It is understood that the squatters, vacated the property the following day on 15 June 2011. The hearing of the final possession took place on 22 June 2011 when a Final Order was made.

The case was covered by The Argus and Meridian News and attracted attention due to the current debates and talk of reform concerning the law in this area. Local Hove MP Mike Weatherley has been campaigning for squatting to become criminalised as it is in Scotland and where it has been since 1865.

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Top tips for landlords to avoid tenant disputes

By Daniela Catuara | Published: May 11,2011

Daniela Catuara, of the dispute resolution team, offers ten tips to help landlords avoid disagreement with tenants when a tenancy comes to an end.

  1. Have a written, signed and witnessed tenancy agreement.
  2. When taking a deposit make sure it is protected within 14 days with one of the authorised deposit protection schemes such as My Deposits, The Deposit Protection Service or the TDS.
  3. Instruct an independent company to carry out a check-in inspection and inventory and take dated photographic evidence of the condition of the property at the start of the tenancy. Where possible make sure the tenant is present and ask them to sign the inventory / check-in report.
  4. Write to the tenant near the end of the tenancy to remind them of their obligations under the Tenancy Agreement.
  5. Open communications can prevent potential disputes so liaise with the tenant to discuss whether any money will be claimed from the deposit for breach of any of the tenancy agreement terms.
  6. Where appropriate, invoices, receipts, estimates and/or quotes should all be obtained and retained in relation to the cost of repair / replacement work being carried out.
  7. Where landlords wish to make deductions for cleaning costs they will need to ensure the cleanliness of the property at the start and end of the tenancy was sufficiently recorded and detailed in the check-in and out reports. These charges do need to be reasonable and proportionate therefore if ‘standard charges’ are to be applied then it would be best to include such a provision in the tenancy agreement setting out what they are as this will be signed by the tenant.
  8. Remember that the tenant is only obliged to return the property in the same state of cleanliness  as the start of the tenancy, after allowing for fair wear and tear.
  9. Rent account statements / bank statements should be retained by the landlord evidencing rental payments made by the tenant to evidence any rent arrears.
  10. If all else fails and an agreement as to the amount to be retained by the landlord from the deposit cannoy be met the adjudication procedures set out under the deposit scheme should be followed.

By following these tips landlord and tenant disputes can hopefully be avoided and the final transition of tenancy will be as smooth and hassle-free as possible.

May 2011

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