Disagreements between landlords and tenants can quickly become fraught and stressful. At Nova Solicitors, our property dispute resolution team can step in to deal with issues quickly before the situation escalates and positions become entrenched.
Our Dispute Resolution team has decades of collective experience in resolving property disputes through both court litigation and by way of alternative dispute resolution methods such as mediation and negotiation. The team has particular expertise in high-value and complex litigation cases.
We can advise you in respect of a range of landlord and tenant issues, including the following:
- Possession and eviction proceedings
- Lease forfeiture
- Rent arrears
- Harassment by landlords
- Renewal of business leases
- Dilapidations
- Vacant possession proceedings
- Drafting ASTs
We know how worrying this type of dispute can be and we will always do all we can to resolve issues quickly. Our team’s leading alternative dispute resolution expertise means that we are often able to deal with issues without the need for litigation, which is generally a faster and more cost-effective way of resolving matters. It can also prevent a relationship from deteriorating further.
If you have a question please call us on 0203 489 7010.
How our landlord and tenant solicitors can help you
Possession or eviction proceedings
Landlords need to follow the correct legal procedure if they wish to obtain a possession order and evict a tenant. We can advise in respect of this process and ensure that as a landlord you have served the requisite notices on your tenant.
If a tenant refuses to leave, you should ensure you do not do anything which could constitute harassment or force. We can advise you of the steps needed to gain possession of the property without breach of legislation.
Lease forfeiture
We can advise you in your position as landlord in the event that the tenant has carried out an act that breaches the terms of the lease, to include whether it is within your rights to forfeit the lease and end the tenancy.
If there is a right of forfeiture, we will ensure that you follow the correct statutory notice procedure in terminating the lease, which will generally include serving notice on the tenant and giving them a period of time in which to remedy the breach.
Rent arrears
It is fairly common for a tenant to fall into arrears with the rent. We can represent you in dealing with this to try and recover the outstanding amount. This includes contacting the tenant to arrange payment, advising the guarantor that the terms of the tenancy agreement have been breached and that you may have to look to them for the outstanding sums or serving a notice on the tenant advising them that you intend to take them to court for non-payment.
It is important to service the notice in the correct form to ensure that your case is successful and we can ensure that this is done in accordance with the rules.
Service charge disputes
Service charges can be a regular cause of disagreement between landlord and tenant, particularly if a large item of expenditure arises and the landlord seeks to obtain payment for this.
We advise landlords on the correct way to notify tenants of unscheduled service charges, for example, to cover extraordinary repairs or emergency works to the property.
Our team can work on your behalf to try and resolve disagreements over service charges or, if this is not possible, represent you if the case is taken to the First-tier Tribunal (Property Chamber – Residential Property).
Enforcing lease covenants
Both landlord and tenant have the right to rely on the covenants in the lease and if these are breached, steps can be taken to enforce them.
The covenants can cover issues such as payment of the rent, quiet enjoyment of the property and restrictions on the activities that can be carried out at the property.
If the leaseholder breaches the covenants, then certain remedies may be available to the landlord, depending on the terms of the lease. In some circumstances, it may be possible to obtain an injunction or forfeit the lease, requiring the tenant to leave.
If the landlord breaches the covenants, the leaseholder may be able to take action, including possible withholding of service charges, but it is important to seek legal advice before taking this step so that you do not inadvertently breach the terms of the lease yourself. We can advise you on the best course of action and how to take steps to enforce your rights.
Drafting ASTs
We can assist landlord and tenants with the drafting of a rental contract known as an assured shorthold tenancy (AST) agreement. An AST is a type of assured tenancy that allows the landlord to let the property whilst retaining the right to repossess the property at the end of the term.
An AST does not need to be in writing, nevertheless it is advisable to have a written agreement prepared. A written AST allows the parties to easily record and identify the agreed terms of the letting as well as having a written agreement to rely upon and refer to if any dispute arises during or after the tenancy expires.
Our team can assist with drafting or reviewing AST agreements for a fixed fee.
How we resolve landlord and tenant disputes in the best way for you
Our team will tailor our approach to ensure it is the best option for your situation. We will always take into account the outcome you want to achieve and any particular concerns you have.
Our services include:
- Clear, actionable advice on your legal position and the options available to you – so that you can make an educated decision on the steps that you want us to take.
- Letters before action – to seek an early resolution of the issue by setting out your case and letting the other party know what you want from the situation.
- Alternative dispute resolution – taking steps to resolve the issue without the need for a hearing, for example, by negotiation or mediation.
- Court litigation – if your dispute needs to be decided by the court, we will ensure you have a robust case and expert representation.
