Dispute resolution lawyers in Wimbledon, South West London, Epsom and Surrey

Advice on landlord & tenant matters

Ideally, the relationship between a landlord and a tenant will run smoothly, however in real life issues can arise that may lead to disputes. An important step can be to set out the relationship between a landlord and tenant with a tailored tenancy agreement. This records what matters most to each party and can be an invaluable exercise which sets out the level of flexibility with regards to ending the agreement, how and when the rent will increase and whether pets are allowed at the property. We can help with preparing such agreements.

However, we understand that disputes cannot always be avoided. We are able to assist both landlords and tenants with regards to the following:

  • Possession matters – including but not limited to Section 21 Notices and Section 8 Notices
  • The non-payment of rent or disputes over how much rent is owed
  • Disrepair matters
  • Issues relating to the termination of leases including obtaining possession and claims for forfeiture
  • The carrying out of alterations without landlord’s consent
  • Dilapidations either during or at the end of the lease
  • The return of a deposit and whether it has been held lawfully in a tenancy deposit scheme
  • Issues relating to the management of the property, including service charges

Our expert team can help you resolve such disputes in a timely and cost-effective manner.

Here are some of the commonly asked questions about landlord and tenant issues:

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What is a Section 21 Notice and is it still in force?

A Section 21 Notice, also known as a ‘no fault eviction’, is the process by which landlords can seek to evict a tenant without the need to prove that the tenancy agreement has been breached. This is still in place, and the government’s Renters’ Reform Bill does not give a timeframe for when Section 21 Notices and their associated accelerated possession proceedings will be abolished. We can assist with preparing Section 21 Notices.

How much notice does a landlord have to give a tenant when serving a notice?

The length of notice will depend on a myriad of factors such as what type of notice is served, what grounds within the notice are being used and whether rent is paid monthly or otherwise. We can advise on what particular notice to use and ensure that the correct notice is given.

How and when can a landlord increase the rent and can a tenant dispute an increase?

How a landlord can increase rent will in part depend on whether there is a rent review clause in the tenancy agreement, whether the tenancy is still in the fixed term, or whether the statutory procedure will be relied upon. Tenants can dispute an increase in rent if they can show that it is above market rent and can bring the matter to the First-tier Property Tribunal. We can assist both landlords and tenants in understanding their rights and their options.

Can I insert a break clause into a tenancy agreement?

We can help with drafting a break clause that can accurately reflect the wishes of both parties. Adding such a clause can often help to provide flexibility which can in turn lead to less trepidation into entering into a tenancy agreement for one year of more.

 

How can Peacock & Co help?

Landlord and tenant disputes can be challenging and stressful. Our lawyers are highly experienced and here to help support you as you seek a solution. To speak to a specialist dispute resolution solicitor about landlord and tenant matters, please contact us.

Our lawyers are highly experienced and here to help. To speak to dispute resolution solicitor, please get in touch.