Landlord & Tenant Disputes

What are the common causes of tenant disputes?

Disputes can arise because a tenant fails to pay rent, breaks terms in their tenancy agreement, or a property requires repairs or has suffered damage. There could also be issues around matters such as the payment of bills, rent increases, and the return of a deposit.

According to Citizens Advice, more than 70% of tenants have experienced health and safety issues during their current tenancy. It’s around these types of issue when landlord-tenant legal clashes occur.

On 20 March 2019 a new Homes (Fitness for Human Habitation) Act came into effect. Its aim is to give renters more powers to act against landlords who provide sub-standard accommodation. If properties don't meet a certain standard, tenants can take their landlord to court.

There is an issue around damage to property, what can I do?

It is not uncommon for a property to be damaged, during the course of a rental agreement.

Tenants are usually asked to keep the property clean, smoke-free and in good condition. Landlords also have the right to expect tenants to complete basic maintenance e.g. use the heating system responsibly and change light bulbs.

In September 2018, the government announced a crackdown on landlords charging tenants excessive amounts for minor damage.

While the law states that tenants do not have to pay for ‘normal wear and tear’, landlords can claim back for the costs of any damage beyond what is reasonable. The question is, what is reasonable?

The tenant also has an obligation to stick to the terms of their tenancy with regard to keeping pets.

Should pets cause any damage, landlords have the right to deduct a certain amount from a tenant’s deposit, or ask them to pay for repairs.

When can't a landlord gain access to a property?

A landlord cannot gain access to a property without consent. During the tenancy period, it is illegal for a landlord to enter a property without the consent of a tenant.

Landlords have the right to ‘reasonable’ access to carry out repairs, but must give at least 24 hours’ notice. This also means a landlord must not pay their tenants an impromptu visit without good reason.

A landlord must not harass their tenants. It’s a criminal offence, and may include:

• Entering the property without permission.
• Using abusive or threatening behaviour.
• Entering the property to undertake needless repairs to annoy the tenant

Also, a landlord must not physically throw their tenants out of the property.

There are strict laws related to evicting tenants and landlords must be careful to ensure they act within the letter of the law. Otherwise, they could be taken to court for illegal eviction.

What course of action should be taken around eviction?

Landlords must ensure they follow the correct process around eviction, as the law has changed recently.

Firstly, landlords must give notice of the eviction. The tenancy agreement should state a notice period that can be given to tenants to vacate the property.

Landlords must have a reason to evict tenants. This can include:

• Rent arrears
• The tenant being involved in criminal or anti-social behaviour
• Breaking other terms of a tenancy agreement, such as causing damage to a property

The government announced a Renters' Reform Bill, which would abolish Section 21 notices, but there is no date set for this legislation.

I have a dispute regarding a deposit, what is the proper course of action?

If let under an Assured Shorthold Tenancy, a landlord must place a tenant's deposit in a Tenancy Deposit Protection scheme. These provide free dispute resolution services to help the parties agree on how much of the deposit each should receive.

If a landlord wishes to deduct a sum from a tenant's deposit, they must be able to prove that the tenant caused the damage. This can be done by taking an inventory at the start and end of the tenancy.

I need advice with regard to a landlord-tenant dispute, what should I do?

We can assign specialists in landlord and tenant law to your case. Whether you're having issues with rent arrears or an eviction, our highly trained property solicitors are here for you.