Are you in dispute with a tenant due to unpaid rent? Is there a disagreement surrounding repairs and damages? We can help.
Property landlords have many legal obligations on them which are designed to protect tenants and ensure they live in habitable accommodation. In exchange, tenants should be expected to pay their rent and comply with their rental agreements. If something has gone wrong with this arrangement and you are looking to raise a dispute with a tenant, it’s important to do this the correct way. Our team of dispute resolution solicitors are here to help you understand your options and guide you through to a successful resolution.
Here we will focus on tenants in residential property, but many of the same issues apply to commercial property and we can also assist with disputes with commercial tenants.
What are your legal obligations as a landlord?
Before you raise a dispute against a tenant, it’s important to understand the various legal obligations that are placed on you as the landlord and to ensure that you have adhered to them. Being able to demonstrate that you have met the legal requirements will put you in a much stronger position if you end up in court.
Obligations on landlords include:
- Health & Safety – Ensuring that the building, appliances and utilities are up to the correct standards to be deemed safe for the tenant to occupy the property.
- Property Conditions – A landlord is responsible for most major repairs to the structure and exterior of the property as well as ensuring the property is free from damp, mould and anything else which could pose health risks on the tenants.
- Tenancy Agreements & Rights – A tenancy agreement must be in place that outlines the terms and conditions of the tenancy. You must also check that the prospective tenant has the right to rent in the UK.
- Ending a Tenancy – To ensure a tenancy has been ended correctly, you must make sure you give the tenant a notice period (as set out in the tenancy agreement) and follow the necessary eviction procedures.
- Protecting Deposits – in most cases you will require an upfront deposit from your tenant to cover any damage or repairs you are left with at the end of their tenancy. You must place this deposit in one of the registered schemes set up to protect tenants from unscrupulous landlords who might spend the money rather than keeping it safe.
What are your options to resolve a dispute?
A dispute with a tenant can occur for a number of reasons, and whilst there are legal protections in place for tenants, there are also several legal avenues available to you as a landlord, depending on the nature of the dispute. Options we would discuss with you include:
- Informal Resolution – formal legal action can be a drain on time and money, so attempting to resolve the issue in a civil and informal way is always a good first step.
- Formal Letter or Notice of Eviction – if an informal approach doesn’t work, the next step would be to send the tenant a formal letter outlining the issue and a resolution.
- Litigation & Dispute Resolution – litigation offers a formal and legally binding process for resolving disputes, while dispute resolution methods provide more flexible, efficient, and cost-effective alternatives.
- Small Claims Mediation Service – this is a free service offered by the civil court, and it aims to facilitate a settlement without the need for a formal hearing.
- Disputes in court for money claims – if your tenant has not paid their rent you can pursue a debt recovery claim through the courts, following the pre-action protocol and starting by sending a formal letter before action.
- Possession Claim – if the dispute involves regaining possession of the property, you can apply for either a Section 21 notice (no fault eviction) or a Section 8 notice (fault-based eviction). If the tenant does not leave by the specified date, you then apply to the court for a possession order.
Sometimes, when a tenant has been ignoring you, all that is needed to get things moving is a formal letter or eviction notice from your lawyers. This will usually prompt them to engage properly with you and you may reach an agreement without needing formal proceedings.
For more information on the detail of the dispute resolution process, read our dedicated blog on Understanding Litigation and Dispute Resolution.
How can Backhouse Solicitors help?
Our experienced Litigation and Dispute Resolution team at Backhouse are experts in dealing with Landlord and Tenant disputes. We can help you resolve the issue at the first stages, right up to taking your tenant to court if needed. To find out more and to arrange a free initial consultation, contact our expert team today.
Tel: 01245 893400
Email: info@backhouse-solicitors.co.uk
Visit: 17 Duke Street, Chelmsford, CM1 1JU
Or send us a message through the Contact Us page on this website.