LANDLORD DISPUTE

Are you in dispute with your landlord over your rent or living conditions?  Are you being threatened with eviction?  We can help.

As a tenant renting a property, you are protected by specific legal rights during and at the end of your tenancy.  You pay your rent and abide by your tenancy agreement and in exchange your landlord should provide you with a home that is fit to live in.

If something is not working properly with this arrangement and a dispute arises with your landlord then our expert team of dispute resolution solicitors are here to explain your rights and to help you achieve a successful outcome.

What are the legal obligations on your landlord?

Your landlord is expected to satisfy a range of legal obligations designed to ensure your home is of a suitable standard and that they treat you properly as a tenant.

These obligations include:

  • Health & Safety – Ensuring that the building, appliances and utilities are up to the correct standards so that it is safe for you to occupy the property.

  • Property Conditions – Carrying out any repairs that are needed to the structure and exterior of the property as well as ensuring the property is free from damp and mould which could pose a health risk to you.

  • Tenancy Agreements & Rights – putting in place a formal tenancy agreement that outlines the terms and conditions of your tenancy.  This will normally be in the form of a standardised “Assured Shorthold Tenancy”.

  • Ending the Tenancy – Making sure that your tenancy is ended in the proper way, with the correct notice period (as set out in the tenancy agreement) and if they decide to evict you, following the correct statutory eviction procedures.

  • Protecting your Deposit – most landlords will require an upfront deposit from you, but this must be placed in one of the registered protection schemes to protect it until the end of your tenancy.

What are your options to resolve a dispute with your landlord?

The right course of action will depend on whether:

  • your landlord has started proceedings against you which you need to defend
  • you wish to start proceedings against your landlord

Regardless of this, there are several options available to resolve a dispute, with increasing levels of cost and formality.

  • Informal Resolution – trying to reach an agreement through informal negotiation
  • Formal Letter to your landlord – outlining the issue and trying to reach a formal agreement
  • Small Claims Mediation Service – a free service offered by the courts which aims to facilitate a settlement without the need for a formal hearing
  • Dispute in court – for claims such as damages for health issues arising from damp & mould or financial loss caused by your landlord’s behaviour
  • Possession claim – your landlord might start possession proceedings to evict you from the property which you may wish to defend

In our experience, cases seeking compensation below £3,000 can incur legal fees that are often higher than the sought-after compensation.  In these cases, we often recommend you contact the Citizens Advice Bureau (CAB) or a firm that offers Legal Aid funding.

How can Backhouse Solicitors help?

If your are in dispute with your landlord, our experienced Personal Litigation and Dispute Resolution team are here to help.  We will always seek to help you resolve your dispute at the early stages, to minimise the cost and stress involved, but if you need to take your landlord to court we can prepare and fight your case for you.  To find out more, contact us today to book a free 30-minute appointment with our friendly expert team.

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.