Landlord and tenant relationships can deteriorate if a disagreement arises and it is important to address this early on to avoid the situation escalating. Having sound legal advice will help you understand your rights and can also help resolve the issue without it dragging on.
At Thornton Jones, our experienced landlord and tenant solicitors understand how damaging tenancy disputes can be and will step in early on your behalf to try to resolve the issue.
We have excellent negotiating skills and a strong track record of success in dealing with disputes without recourse to the courts. If your case does go to court however, you can be sure of robust and expert representation.
Talk to us about landlord-tenant disputes today
For expert advice on landlord and tenant dispute resolution, please speak to our dispute resolution solicitors in Wakefield, Ossett, Garforth, Sherburn in Elmet or Mapplewell, West Yorkshire today.
Have a quick question or want to request a call back? Use our online enquiry form.
Our expertise with dispute resolution
Our team have extensive expertise in dealing with all aspects of landlord and tenant disputes, including the following:
- Rent arrears
- Dilapidations
- Recovering vacant possession
- Lease extensions and lease enfranchisement disputes
- Tenancy disputes
- Possession Proceedings
Rent arrears
If rent is not paid, a landlord will have the right to evict a tenant. There is a set process that must be followed, but before setting out on this course it is advisable to contact the tenant and see if an amicable agreement can be reached over payment of the arrears.
We can write a formal notice to your tenant on your behalf, setting out the amount due and asking for payment in full.
It may be possible to collect the arrears from a guarantor, if there is one. If payment is not received, then a landlord can serve a Section 8 notice advising the tenant that the landlord intends to sue them in court for the arrears.
It is important to complete the correct Section 8 form, and we can advise you on this to ensure that you have the right grounds as well as the correct version of the form.
A tenant may be able to apply for Breathing Space, which is a government respite scheme allowing some tenants 60 days in which to try to work out how to repay the money owed. During that time, no interest can be added to the debt and no enforcement action can be taken.
Dilapidations
A tenant is generally required to keep a property in a good state of repair. This could mean arranging for maintenance work to be carried out as well as cleaning and decorating. If this is not done and the property falls into disrepair, this could be classified as a breach of the lease.
Property disrepair, or dilapidations, should be rectified at the tenant’s expense. If the landlord has to arrange for work to be done, the tenant will still be liable for the cost.
Examples include the need to have carpets professionally cleaned, damage to items in the property such as light fittings or curtains, broken windows, allowing a garden to become overgrown, damage to walls, leaving rubbish at the property, blocked drains and water damage.
If you are a landlord who has had to deal with a property that has fallen into disrepair, we can represent you to ensure that the costs of rectifying this are met by the tenant.
Recovering vacant possession
As a landlord, if you have a problem tenant, you may want them to leave. The process for achieving this must be carefully followed or the tenant may be able to bring a claim for unlawful eviction. Most tenants have protection against eviction and in general, a court order is required to obtain possession.
We can ascertain on your behalf which grounds for possession you can use and make an application on your behalf to regain your property.
Lease extensions and lease enfranchisement disputes
Many tenants have the right to extend their lease or to collectively purchase the freehold to flats along with the other leaseholders.
This is a complex legal process usually involving negotiations as to price. We can explain the procedure to you and ensure that as a tenant you have the legal right to request enfranchisement. We can also represent you throughout the process to ensure that it goes smoothly, that you obtain the best deal possible and that your rights are observed throughout.
In an enfranchisement situation, both the landlord and tenants should seek independent legal advice. A surveyor will generally also be needed to quantify the values involved so that a purchase price or cost of lease extension can be agreed upon.
Tenancy disputes
A tenancy dispute can be stressful and disruptive, whether you are the landlord or the tenant. For a tenant, facing eviction can be a huge strain and the uncertainty can cause anxiety.
If you are a landlord with bills to pay and your tenant is not covering the rent, this is also likely to be difficult, leaving you out of pocket and facing uncertainty.
Our team can represent you to try to resolve the difficulties you are facing, without involving the courts wherever possible. We can suggest solutions and enter into negotiations on your behalf to work towards resolving the issue satisfactorily for both parties.
If litigation is necessary, you can be sure that we will prepare a strong case on your behalf and that you will have expert representation at any hearing. We will also ensure that you are supported every step of the way and that we are available to speak to you as needed to discuss progress and answer any questions you may have.
Possession Proceedings
When a landlord wishes to take back possession of their property it may require the eviction of the tenant. Possession proceedings is a process using Section 8 or Section 21 of the Housing Act 1988 which enables a landlord to regain possession of their property.
Section 8 is commonly used for circumstances where the tenant is in breach of their tenancy agreement. Section 21, often referred to as a no-fault eviction, is commonly used to evict a tenant where there has been no apparent breach of their tenancy agreement.
In both cases, a solicitor can guide the landlord through the process, advising on the most appropriate route to take. Section 21 is presently under review and may cease to exist as part of the Renters Reform Bill.
Find out more about our Possession Proceedings services by viewing our Possession Proceedings leaflet below.
FAQs about Landlord and Tenant Disputes
If your landlord refuses to carry out necessary repairs, the first step is to inform them in writing of the issue. If the repair is urgent (e.g., plumbing or heating problems), notify the landlord immediately and keep a record of all communications.
If the landlord still refuses to make repairs:
• Check your tenancy agreement: Ensure that the landlord is responsible for the type of repair needed.
• Request repairs formally: Write a formal letter or email outlining the issue and requesting a resolution. This creates a record of your complaint.
• Seek advice from your local council or tenancy support services: Your local council can inspect the property if the issue affects health or safety.
• Consider legal action: If the landlord continues to ignore the issue, you may have the option to take them to court for breaching their legal obligations. Additionally, tenants may have the right to withhold rent until repairs are completed in some cases, but this should be done cautiously and with legal advice.
If a landlord is trying to evict you, it’s important to understand the type of eviction they are seeking and whether it’s lawful. There are two common types of eviction in the UK:
• Section 21 Eviction (no-fault eviction): A landlord can evict a tenant without giving a reason, but they must follow a legal process. They must give at least two months’ notice in writing. The notice cannot be served during the first four months of a tenancy.
• Section 8 Eviction (for cause): A landlord can seek eviction if the tenant has breached the terms of the tenancy (e.g., not paying rent or causing damage). The landlord must provide written notice and follow court procedures if the tenant does not leave voluntarily.
If you face eviction, you should:
• Check if the eviction is valid: Ensure that the landlord has followed the correct legal process and notice periods.
• Seek legal advice: A solicitor can provide advice and help you understand your rights.
• Challenge the eviction: If the eviction process is not valid or you believe it is unfair, you can challenge the eviction in court.
Under UK law, tenants are entitled to the return of their deposit, minus any deductions for damages or unpaid rent, at the end of the tenancy. Landlords must protect the deposit in a government-approved Tenancy Deposit Scheme (TDS) within 30 days of receiving it.
If there is a dispute about the return of your deposit:
• Request an itemised list of deductions: If the landlord claims to have made deductions, they must provide evidence and an itemised list.
•Check the condition of the property: You are only liable for damage beyond fair wear and tear. If the property is in the same condition as when you moved in, you should not have any deductions.
• Mediation: If you and the landlord cannot agree, the TDS will often offer free mediation services to help resolve the dispute.
• Legal action: If mediation fails, you can take the issue to court. The landlord may also be liable for up to three times the deposit if they fail to protect it in a TDS.
Under the Landlord and Tenant Act 1985, landlords are legally required to ensure that the property is fit for habitation, which includes providing essential utilities such as:
• Heating (in the winter)
• Hot water
• Plumbing and electrical systems
If your landlord is not providing these basic services, you should:
• Notify your landlord: In writing, explain the issue and ask for it to be resolved within a reasonable time frame.
• Contact your local council: If the landlord refuses to act, your local council’s environmental health department can inspect the property and intervene if necessary.
• Withhold rent or make repairs yourself: In some cases, tenants may have the right to withhold rent until repairs are completed, or even carry out necessary repairs themselves and deduct the cost from the rent. However, these actions should be taken with caution and ideally with legal advice to avoid breach of contract.
Landlords have a legal obligation to respect their tenants’ right to privacy. They cannot enter the property without permission, except in emergency situations. Harassment or illegal entry is not acceptable.
If you believe your landlord is harassing you or entering your property without consent:
• Know your rights: Your landlord must provide 24 hours’ notice before entering the property (unless it’s an emergency), and they must get your permission.
• Keep a record: Document any incidents of harassment, including dates, times, and what happened. This could be useful if the situation escalates.
• Inform the landlord: Write to your landlord to formally raise your concerns and request that they respect your rights under the tenancy agreement.
• Seek help: If the harassment continues, you can seek advice from a solicitor. In extreme cases, you may be able to apply for an injunction or take the landlord to court for harassment.
Contact our landlord and tenant dispute solicitors in West Yorkshire
For expert advice on landlord and tenant dispute resolution, please speak to our dispute resolution solicitors in Wakefield, Ossett, Garforth, Sherburn in Elmet or Mapplewell West Yorkshire today.
Have a quick question or want to request a call back? Use our online enquiry form.
Contact Us
☎️ Call our Wakefield office on 01924 290 029
☎️ Call our Garforth office on 0113 246 4423
☎️ Call our Sherburn in Elmet office on 01977 350 500
☎️ Call our Mapplewell office on 01226 339 009
☎️ Call our Ossett office on 01924 586 466
