Common Landlord-Tenant Legal Issues and How to Resolve Them

Despite the number of first-time buyers being the highest in 10 years in the UK, there are still quite a number of people who either prefer to rent property or can’t afford to buy their own house just yet.

When renting a house—or any property—there are a number of problems that could occur. These could potentially be big enough to either land you in legal trouble, or force you to seek legal help against your landlord. There are primarily three main types of landlord-tenant disputes:

Non-Payment of Rent by Tenant

A breach of contract may occur when the payment of rent by the tenant is inconsistent. In such a situation, the landlord is legally allowed to evict the tenant.

However, the landlord must still follow the proper legal procedure for eviction. Under Section 21 of the Housing act 1988, a landlord is obliged to give any tenant at least two months’ notice before eviction.

You cannot ask a tenant to move out before their fixed term has ended unless specified so in the agreement.

If the tenant does not move out even after the eviction notice period is up, the landlord must then reach out to the court to get a possession order. Using a Section 21 notice or getting a possession order approved, however, have a number of terms and conditions, which you can peruse in the link above.

Not following the correct procedure can put you at risk of being accused of harassing or illegally evicting your tenants. Litigation, however, should be the last resort you use, as there are very strict rules governing tenancy and repayment of monies.

Non-performance of legal obligations by landlord

Under the Landlord and Tenant Act 1985, the landlord is responsible for making sure the property is habitable prior to and during the tenure of the tenancy. This means that all heating facilities should be in working order, as should be the electrical wiring, water lines, gas pipes, toilets, baths, and sinks.

The landlord is also responsible for the structure or interior of the property. If any of the above facilities are non-functional or showing signs of disrepair, the tenant has the right to complain and seek compensation. However, this is only applicable in cases where the landlord refuses to take responsibility for the repairs.

The landlord, however, is not responsible for any damages to the property directly inflicted by the tenant. A tenant cannot file a compensation claim if it was due to his own negligence that the damage occurred in the first place.

Upkeep of Property

By signing the contract, the tenant is agreeing to keep the property in the best possible condition through the duration of his tenancy. This means he is obliged to report breakdowns and keep the property clean.

Disputes occur when at the end of the tenancy, the landlord finds that the property has been allowed to fall into a state of disrepair because of poor upkeep. The landlord is then legally allowed to deduct money from the security deposit to pay for repairs and cleaning. However, the tenant may also seek legal action if they feel they have been unfairly charged.

Before filing a case against your tenant or landlord, it is always advisable to consult solicitors to know your legal rights. Hire a landlord with Wembley Solicitor. Our team of highly professional solicitors will ensure you reach the best settlement.