Landlord And Tenant Disputes
There are many reasons why the tenancy may not be working out, and there are many ways of resolving a landlord-tenant dispute, from arranging mediation right through to court action and eviction.
We are experts in several main issues including:
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Dilapidations
– This can be a strong point of contention between a landlord and their tenant. The lease should state who is responsible for the condition of the building, and a dilapidation claim can occur once either the landlord or the tenant has breached the terms of their lease.
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Subletting
– A dispute may start if a tenant wants to sublet all or part of a property. We can help you to understand the responsibilities of tenants and landlords.
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Forfeiture of the Lease
– In certain circumstances you can forfeit the lease and recover possession of your property, but typically only if your tenant does not comply with the terms of the lease.
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Possession Claims
– if you are a landlord, you can use a possession claim if your tenant owes you rent for a residential property, but not if the rent is owed on a commercial property. You can also use a possession claim where your tenant has breached their lease in some other way, or if they’ve been acting in an anti-social manner. If you are tenant and wish to defend the possession claims we will advise you how to defend.
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Property Disrepair Claims
– if you are a landlord, your tenant may bring a property disrepair claim against you; don’t panic, because there are some simple ways to protect yourself from these kinds of claims. Talk to us, as we can advise you of the validity of the claim, and show you the most economical course of action to take. If you are a tenant we can help you to bring a property disrepair claims. When faced with property that is not up to the standards, tenants are entitled to make a disrepair claim accompanied by a claim for compensation.
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Rent Arrears
– if you are a landlord and your tenant falls behind in their rent payments, you can evict them. There are strict rules to follow before doing this, and it also depends on the type of tenancy agreement you have with them. If you don’t follow the correct eviction process, you could illegally evict your tenant. Doing so not only paves the way for a court to allow them back into the property, but you could also be charged with harassment. You may want to try to arrange a payment plan with your tenant to clear the rent arrears before going down the eviction route. If you are a tenant we can advise you as to the most economical course of action to take.
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Service charges
– These are charges for the general maintenance of the building, including insurance, heating, and electricity for shared areas and items such as lift maintenance and cleaning. The lease that you issue to your tenant will outline who is responsible for the payment of service charges. Talking to a solicitor can help you make your lease watertight, avoiding any issues with non-payment of service charges. If your are landlord and if your tenant does not pay they are in breach of their lease, and you could opt for a possession claim. If you are a tenant we can advise as to how to take the best course of action.
Speak to us now orfill out our online enquiry form and one of our team will be in touch promptly.