Landlord and tenant disputes are conflicts which are predominantly governed by property law. Landlord and tenant disputes may occur due to the tenants not paying their rent arrears or not paying on time. A dispute may also happen due to the landlord not complying with legal obligations.
If you are a landlord or a tenant that is experiencing a dispute and you feel it will not be resolved between yourselves, maybe a solicitor can help resolve the issues as quickly and efficiently as possible.
If a tenant is continuously not paying their rent, then they are seen to be in breach of their contract. As long as the correct procedures are followed, it is the landlord’s legal right to evict a tenant if they feel the contract is not being adhered to.
If a landlord is not fulfilling certain legal obligations, then this may lead to a dispute with the tenant/s. For example, under the 1985 Landlord and Tenant Act the landlord must ensure that heating devices are operating properly whilst the tenant occupies the property.
Sometimes tenants discover faults with the electrics in the property or a leak from a boiler causes damp in the property and the landlord doesn’t take responsibility, and it destroys the tenant’s personal belongings, they are within their rights to seek compensation.
Keeping the property clean and up to its original condition can also be an issue between a tenant and landlord, particularly at the end of a tenancy agreement. Who forks out the bill is one of the most spoken about topics than any other when it comes to disputes. At the beginning of a tenancy agreement it is best for not only the landlord but also the tenant if the deposit is held in an authorised tenant deposit schemes. It is highly recommended that a landlord contacts the tenant/s in plenty of time before the contract comes to an end of their obligations, reminding them with photos of the condition of the property before they moved in.
The maintenance of a property is a landlord’s duty and a tenant’s right, it is easily resolvable if dealt with appropriately. Landlords who delay fixing issues, or fail to put them right at all, will soon risk the wrath of their tenant, it is advisable to have reliable tradesmen on hand who can deal with any matters that arise promptly.
Other reasons that Tenant and Landlord disputes occur:
- When one party wants to terminate the agreement early.
- When the Landlord proposes an increase in the rent price.
- Disputes over repairs.
How best to resolve disputes?
It is best for all parties involved in landlord and tenant disputes that it is resolved quickly and as most efficiently as possible. If a compromise or negotiations can be reached without involving legal teams it will be beneficial to both the tenants and landlord/s. If these disputes continue and both parties don’t seem to be able to resolve them amongst themselves, meditation must be the best option.
Keep in mind that if you are able to come to some amicable arrangement through compromising with the tenant or landlord that you know what your legal rights are, speaking with a solicitor may help you rest assured that what you are asking for, or stating is correct
Emma Simpson