Landlord and Tenant Disputes: Our Panel

Landlord and tenant disputes

Landlord and tenant disputes commonly arise in England and Wales. They are often caused by issues such as rent arrears, property damage, and disagreements over lease terms.

If you are involved in a landlord and tenant dispute, it is recommended that you seek legal advice to ensure you take the best rout to resolve your property dispute effectively.

Common types of disputes

When you rent property as a tenant or landlord, many different types of disputes may arise. Some of the most common types of dispute our panel of tenant dispute solicitors can assist with include:

Rent arrears:

One of the most frequent disputes involves tenants falling behind on rent payments. Landlords may seek to recover the owed amount or evict the tenant if the arrears become substantial.

Property damage:

Disagreements often arise over the property maintenance and the condition of the property. Landlords expect tenants to maintain the property and cover any damages beyond normal wear and tear, while tenants may contest claims of damage or the cost of repairs.

Deposit deductions:

Conflicts over the return of deposits are another common issue. Landlords may withhold part or all of the deposit for alleged damages or unpaid rent, leading to disputes over the fairness and accuracy of these deductions.

Lease violations:

Breaches of lease terms, such as unauthorised subletting, keeping pets, or conducting illegal activities, can lead to significant conflicts between landlords and tenants.

Service Charge Disputes:

Particularly common in leasehold properties, disputes over service charges can arise when tenants or leaseholders feel that the charges are unreasonable, not clearly explained, or not reflective of the services received. These charges can cover maintenance of common areas, building insurance, and other shared expenses.

Legal protections and obligations

The legal landscape governing landlord and tenant relationships in England and Wales provides a framework to ensure fair treatment and resolution of disputes.

Tenancy Agreements:

A well-drafted tenancy agreement is crucial. It outlines the rights and responsibilities of both parties, including rent amounts, payment schedules, maintenance duties, and conditions for termination.

The Housing Act 1988:

This Act regulates most private sector tenancies, detailing the grounds on which landlords can seek possession of their property and the process for doing so. It aims to protect tenants from unfair eviction while ensuring landlords can regain their property in justified circumstances.

Deposit Protection:

Landlords are required to protect tenants’ deposits in a government-approved scheme. This protects tenants from unfair deductions and provides a clear process for disputing claims.

Section 21 and Section 8 Notices:

These legal tools allow landlords to seek possession of their property. A Section 21 notice can be used for ‘no-fault’ evictions at the end of a fixed-term tenancy, while a Section 8 notice is used when tenants have breached the terms of the tenancy agreement, such as non-payment of rent.

Landlord and tenant dispute resolution

When disputes arise, several avenues are available for resolution:

Direct Negotiation:

Before taking any legal action, landlords and tenants should attempt to resolve disputes through direct communication and negotiation. This can often lead to a mutually acceptable solution without the need for formal action.

Pre action protocols:

Depending on the type of dispute, pre-action protocols may need to be followed before initiating court proceedings. The steps involved usually include sending a formal letter to the defendant outlining the details of the claim and attempting to settle the case using negotiation or alternative dispute resolution methods.

Mediation Services:

Mediation can be an effective way to resolve disputes without going to court. Professional mediators help both parties reach an agreement, saving time and costs associated with legal proceedings.

The Housing Ombudsman:

This service offers a free, independent resolution for disputes between tenants and landlords in the social housing sector and, in some cases, the private sector.

Small Claims Court:

For financial disputes, such as those involving deposit deductions or unpaid rent, the Small Claims Court provides a straightforward process for seeking resolution.

County Court:

More serious disputes, particularly those involving possession claims or significant breaches of tenancy agreements, may need to be resolved in the County Court. This formal process can be time-consuming and may incur more legal costs, but is sometimes necessary for complex cases.

How can Expert Commercial Law assist?

The solicitors on our panel provide expert legal advice on landlord and tenant disputes. They can also assist potential defendants in their cases if a claim is brought against them.

Our panel firms provide expert legal advice and can help protect their clients’ rights and interests. They can also help evaluate the strength of the case and advise on the best course of action. If you need help with a dispute surrounding land or property ownership, then please get in touch with us today. Our panel firms have extensive experience in land and property disputes.

Our solicitors also help with commercial claims, such as partnership disputes, fraud claims and CCJ removal.

Unfortunately, we cannot assist with housing disrepair cases.

Please note we are not a firm of solicitors; however, we maintain a panel of trusted and regulated legal experts. If you contact us in relation to a freezing injunction query or a commercial law case, we will pass your case on to a panel firm in return for a fee from our panel firms. We will never charge you for passing your case to a panel firm.