Landlord & Tenant Disputes

Landlord & tenant dispute solicitors

The law regarding landlord and tenant responsibilities and obligations can be complex.

Our dispute resolution team offers specialist advice to both landlords and tenants.

We can advise either party on their rights and obligations where there is a dispute.

We take time to understand the issues surrounding a claim on behalf of either landlord or tenant, before advising on the best approach to resolve the issue quickly, minimising the impact and cost.

What are the most common causes of landlord and tenant disputes?

Some of the most common causes of disputes between landlords and private tenants are:

• Tenants not paying their rent: in some cases this may be because repairs they have requested be carried out to the property have not been completed by the landlord
• Property repairs: tenants have the right to expect the property to be safe and in good condition. If the roof starts leaking or the boiler breaks, they may request that the landlord fix it, but disputes can arise if the landlord does not make repairs quickly or accuses the tenants of causing the damage.
• Damage to the property: whilst some wear and tear is expected, disputes can arise over whether something broke because it was old and needed replacing, or whether the tenant broke it through misuse
• Deposit disputes: the tenant might dispute the amount the landlord has deducted from the deposit for repairs, or the landlord might fail to return the deposit promptly

Can I evict a tenant?

The main two ways of evicting a tenant from your property are:

• Serving a Section 8 Notice: this is used in circumstances where the tenant has breached their agreement, such as rent areas, or there are discretionary grounds for removal, like they have neglected the property
• Serving a Section 21 Notice: this can only be used on tenants on an Assured Shorthold Tenancy and must give tenants at least two months’ notice. As the landlord you must have protected the tenant’s deposit and have provided several important documents.

Do I need to have a tenancy agreement?

It is recommended to have a tenancy agreement which sets out the landlord’s responsibilities and the rules for tenants living in the property.

While the tenancy agreement can be written or verbal, having a written agreement is advised as it means there is less ambiguity, and it can easily be referred to if any disputes arise.

If you do not have a formal tenancy agreement, both parties will still have assumed rights and responsibilities. For example it is the landlord’s responsibility to provide a safe environment for tenants and it is the tenants’ responsibility to maintain the property and pay the rent on time.

What can I do if a tenant refuses to leave the property?

Your first step should be to serve the tenant with either a Section 21 notice if it is the end of a fixed-term tenancy, or a Section 8 notice if they have breached the terms of their tenancy agreement.

If the tenant still refuses to leave, you can take them to court. The court will look at the evidence and provide you with a possession order to reclaim the property.

If the tenant does not leave after the possession order has been granted, you can apply for a warrant of possession which allows bailiffs to remove the tenants from the property.

Why use Rothera Bray for landlord and tenant disputes?

We offer advice and practical solutions for landlords and tenants in a range of areas, including:
• Pursuing residential tenants for rent arrears following possession proceedings
• Issuing proceedings and possession of commercial premises
• Issuing the appropriate notice and applying for new tenancy for either the landlord or tenant with regards to commercial premises
• Enforcement of covenants
• Dilapidations claims, for the landlord or tenant
• Residential tenancies: serving the appropriate notices and issuing proceedings to gain possession on behalf of the landlord