Landlord and Tenant Solicitors

What are landlord/tenant disputes?

Disputes between landlords and tenants are often the result of rent arrears but can also occur whenever one party breaches the terms of the tenancy agreement. That might be a landlord failing to maintain the property or unlawfully entering the premises without providing proper notice. Or it could be a tenant causing damage or subletting without the landlord’s consent.

Residential landlords must also comply with a wide range of statutory requirements. These include correctly protecting a tenancy deposit and returning it at the end of the tenancy, and carrying out gas safety checks each year. If the landlord does not meet their statutory requirements, this can also lead to disputes with the tenant.

There is a lot at stake for both parties. Emotions can run high in tenancy disputes and sometimes things are said that both parties later regret.

Osbornes’ highly experienced landlord and tenant solicitors can help take the pressure off. Acting for both landlords and tenants, we’ll guide you through the key decisions you have to make to resolve disputes as quickly and cost-effectively as possible.

Helping landlords deal with problem tenants

Recovering rent arrears

Most landlord and tenant disputes occur because of rent arrears. The tenant may have missed payments because they legitimately cannot afford to pay, or they could be refusing to pay in retaliation for perceived failures by the landlord.

Whatever the circumstances, a frank solicitor’s letter is often enough to secure payment, perhaps through a payment plan. If the tenant fails to cooperate, our landlord and tenant solicitors can advise you on the best course of action. That might involve taking action against a guarantor, taking the tenant to court, or serving a notice of eviction.

We can also instruct trace agents to locate tenants who have left without paying their rent.

The tenant may submit a defence or apply for Breathing Space, which is a government respite scheme allowing some tenants to postpone action for 60 days while they work out how to pay their debts. If either of these happens, we’ll help you navigate the next steps.

Damage and dilapidations

Tenants generally are required to keep the property in a good state of repair and return it to the landlord in the same condition as when they moved in. If your tenant does not fulfil their obligations, this could be classified as a breach of the tenancy agreement. Examples of issues that can lead to dilapidation claims include broken windows, damage to walls, stained carpets and water damage.

The cost of making the repairs will usually be deducted from the tenant’s deposit. If this does not cover the cost, then our landlord and tenant solicitors for tenancy disputes can help you recover any additional amounts. You may also be able to charge the tenant for lost rent whilst the repairs are carried out.

Breach of the tenancy agreement

A landlord has a right of action against the tenant if they breach any part of the tenancy. Besides rent arrears and property damage, common breaches include:

• Keeping pets
• Subletting the property to another person
• Non-payment of service charges
• Anti-social behaviour (e.g. harassment, rubbish piling up)
• Failing to allow access for essential repairs

A well-drafted tenancy agreement goes a long way to helping both parties clearly understand their rights and legal obligations. If matters do escalate, our landlord and tenant disputes solicitors can help resolve matters through negotiation or mediation in the first instance. These are the fastest and most cost-effective ways of settling the issue.

If an amicable resolution cannot be reached, we can file a claim to recover rent or damages. These claims can often be included in a possession claim to evict the tenant.

Possession proceedings

There is a strict legal process to follow for evicting a tenant. Landlords must follow this process carefully or the tenant may be able to bring a claim for unlawful eviction.

For assured shorthold tenancies, the process is set out in Section 8 or Section 21 of the Housing Act 1988. Section 8 is used where the tenant is in breach of the tenancy agreement, most commonly by failing to pay rent. Section 21 is a no-fault eviction. It is used when the fixed term of the tenancy has come to an end and the landlord simply wants possession back. Landlords do not need a reason to evict the tenant with a Section 21 notice, and they are not always heard in Court.

Section 21 is currently under review and may cease to exist as part of the Renters Reform Bill.

We offer a full service for possession proceedings, from deciding the best approach to take and serving the correct notice, through to issuing the Court claim and representing you at the Court hearing. We also advise on alternative practical solutions that could help you take the property back from the tenant on a mutually agreeable footing.

Helping tenants with their rights

Tenancy disputes can be especially stressful for tenants who may worry they will be left without a home. Our landlord and tenant disputes solicitors can advise you of your rights and ensure you are treated fairly.

Unlawful eviction or harassment

It is a criminal offence for landlords to evict tenants without following the correct legal process. Changing locks, taking the tenant’s possessions or preventing a tenant from entering their home are all examples of illegal eviction tactics.

If you believe your landlord is trying to force you to move without lawful reason (e.g. they are retaliating against a repair request) or by using unlawful means, contact our landlord and tenant solicitors immediately. We will act swiftly and decisively to protect your rights and seek compensation if necessary.

Security deposit disputes

Tenants have rights to have security deposits returned to them promptly under Deposit Protection schemes, but landlords are entitled to keep some or all of the deposit if there are rent arrears, unpaid bills, or damage to the property.

Disputes around security deposits often come down to a disagreement about what constitutes damage (which the tenant is responsible for) and normal wear and tear (which landlords must cover).

Our solicitors can help you gather evidence and make a persuasive case to the landlord or through a fully independent arbitration scheme. The result could be a full or partial refund of your money.

Disrepair at the property

Landlords are legally obliged to:

• Keep the exterior of their property in good repair (roof, walls, gutters etc).
• Keep gas, electricity and water systems in proper working order and repair (baths, toilets, heaters, water tanks, etc).
• Respond to requests for repairs in a reasonable time.
• Give 24 hours’ notice of visits to make repairs.

There may be other disrepair obligations as well, depending on the terms of the tenancy agreement.

If a landlord fails to meet their responsibilities, the tenant can take them to Court. The Court can order a landlord to rectify an issue and to pay compensation to their tenant. That might include the cost of damage to your furniture caused by substandard living conditions or financial losses if, for example, your electricity bill went up because you had no working gas boiler.

We have a strong track record of negotiating with landlords to ensure repairs are taken care of as quickly as possible without having to resort to legal action. Should this be necessary, we will guide you through the process and help you obtain an order for repairs (or compensation) from the Court or tribunal if applicable.

Other landlord and tenant disputes services

We can also help you with:

• Breaches of tenancy agreements
• Evicting squatters
• Disposing of tenant belongings that have been left behind
• Rent increases
• Service charge disputes
• Claims for excessive fees by a landlord or managing agent
• Disputes about licences for houses in multiple occupation

How we can help

Most landlords and tenants want to continue their relationship on good terms. Our expert property disputes solicitors can help you do this, and do it quickly and informally, without involving the Courts. If litigation is necessary, you can be sure that we will prepare a strong case on your behalf.

For over 40 years, Osbornes has provided an incredibly personal service to private landlords and tenants across England and Wales. Clients work with us because we are friendly, approachable and give easy-to-understand legal advice. We are able to offer fixed fees for many residential tenancy disputes so you can budget carefully for your legal fees.

To learn more about our residential tenancy disputes service, call Osbornes’ dedicated landlord and tenant solicitors by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811