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Ramsdens Solicitors has considerable experience in resolving many property disputes that arise between landlords and tenants. Our specialist team act on behalf of landlords to help them resolve matters with their interests in mind.
Many landlord and tenant disputes require the service of notices and issuing of possession proceedings as the only way to obtain possession.
The law on Assured Shorthold Tenancies (ASTs) can be technical, and a failure to follow the necessary legal requirements both at the outset and during the tenancy can lead to serious legal issues for landlords in recovering their property.
The disputes management team at Ramsdens has recovered thousands of residential properties for landlords. To speak to a solicitor about a dispute you’re involved in as a landlord, contact us today by calling 01484 821 500, emailing email@example.com, or filling in our online contact form to request a call back.
Handling a dispute with a tenant can be a frustrating experience, especially with the relevant laws appearing to provide greater protection for problem tenants than landlords. However, a failure to handle matters properly can result in serious consequences, including having to pay out to defend an unwarranted claim, or enter proceedings to formally recover a property.
The types of matters where we regularly act for landlords include:
Most disputes can be resolved by a simple, honest conversation between the landlord and tenant, and this is often the best course of action; however, if matters go further than this, there are options we can try before undertaking court proceedings. Expert legal advice can ensure that a dispute is brought to a satisfying conclusion, quickly and efficiently.
Our solicitors provide practical advice to resolve landlord disputes by taking the right legal action based on the circumstances of your case.
As a landlord, we can help you with cost-effective and clear advice on what to do if your tenant fails to pay rent, will not allow access for inspections, or otherwise fails to comply with the terms of their tenancy agreement.
Our landlord and tenant dispute solicitors will consult with you to discuss your situation before advising on the best course of action to take.
We will always try and resolve disputes through negotiation, mediation or arbitration in order to avoid court action. However, if that fails, we will be able to represent you during proceedings to help you get the outcome you desire.
We operate standard undefended possession cases by way of fixed fees for each stage. This allows you to understand the costs involved in taking matters forward. Please note that we cannot obtain legal aid for this type of work and we are unable to provide free advice. Also, cases that are challenged or defended will incur additional fees - any additional costs will be discussed and agreed with you should the situation arise.
Examples of common disputes that arise between landlords and tenants include:
Regardless of how landlord and tenant disputes arise, as a landlord, the first step you must take is to initiate and lead a conversation to try and resolve the matter without entering civil litigation. However, if this approach does not work, you should seek help and support from an experienced solicitor to stand the best chance of success in a dispute.
It is not uncommon for a property to be damaged over a rental period. Landlords have a right to expect their property returned to them in good condition and left unchanged during this time. If your property has been significantly damaged, you may be entitled to claim back the costs of this damage.
If you wish to deduct the cost of damage from a tenant's deposit, you must be able to prove that they caused the damage. There are various options that can be undertaken - one example is to take an inventory at the start and end of the tenancy.
There are two options for evicting a tenant from your property - serving a Section 8 notice or a Section 21 notice. Both notices are used in different situations, and serving notice for possession doesn’t necessarily mean the tenant has done something wrong.
A Section 8 notice is typically used where the tenant has breached the terms of the agreement (such as rent arrears) or there are discretionary grounds for removal (such as property neglect).
A Section 21 notice can currently be used for a no-fault eviction. It can only be used for tenants on an Assured Shorthold Tenancy (AST) and must be served with at least two months’ notice. Other requirements include protecting the tenant’s deposit and providing several key documents.
There are strict laws related to evicting tenants and landlords must seek guidance to ensure they act within the law to avoid being taken to court for an illegal eviction.