It is not uncommon for landlords to have to deal with tenant disputes from time to time. Whether it is due to unpaid rent or a disagreement surrounding repairs and damages, as a landlord you should be aware of what you can and cannot do when dealing with an issue.

In this article, we will take you through the legal obligations set upon you as a landlord, your options should you wish to raise a dispute, and possible solutions to finding a resolution.

Before you bring a dispute against a tenant, it’s important to make sure that you understand the various legal obligations that are placed on you as the landlord and that you have adhered to them. Being able to demonstrate that you have met the legal requirements will put you in better stead to have a stronger case.

These obligations span across 5 areas:

1. Health & Safety

This includes Gas, Electrical and Fire safety to ensure that the building, appliances and utilities are up to the correct standards to be deemed safe for the tenant to occupy the property. These can also include safety reports for Gas and Electric as well as certificates to prove they have been evaluated within the legal time frame (for example, annual checks). Certificates and reports must also be provided to the tenants.

2. Property Conditions

As a landlord, you are responsible for most major repairs to the structure and exterior of the property as well as ensuring the property is free from damp and mould which could pose health risks on the tenants. You must also be able to provide an Energy Performance Certificate (with a minimum rating of E currently but this is set to change to a minimum rating of C), to the tenants at the start of the tenancy.

3. Tenancy Agreements & Rights

When taking on a new tenant, it is crucial to have a Tenancy Agreement in place that outlines the terms and conditions of the tenancy. Alongside this, you must also check that the prospective tenant has the right to rent in the UK before you take them on.

Once you have checked their right to rent and provided a tenancy agreement, the tenant will provide their deposit, which should be set out in the tenancy agreement, and it must be held in a government-approved tenancy deposit scheme within 30 days of receipt. The tenant must also be provided with a How to Rent Guide (the latest version), the current Energy Performance Certificate, up-to-date gas safety records before they move in and any prescribed information regarding the deposit scheme as soon as possible. You should also be mindful that, unless in the case of an emergency, landlords must provide 24-hour notice before inspecting or repairing the property and the tenants must agree to you attending the property.

4. End a Tenancy

To ensure a tenancy has been ended correctly, you must make sure you give the tenant a notice period (which can vary depending on the type of tenancy and should be set out in the tenancy agreement) and follow the necessary eviction procedures. This can include obtaining a possession order from the court.

A dispute with a tenant can occur for a number of reasons and whilst there are legal protections in place for tenants there are also several legal avenues available to landlords depending on the nature of the dispute, such as;

Informal Resolution

As legal action can be a drain on time and money, attempting to resolve the issue in a civil and informal way is always a good first step.

Formal Letter or notice of eviction

If informal resolution doesn’t work, the next step would be to send the tenant a formal letter outlining the issue and a resolution, which is usually either payment or compliance or to send an eviction notice to the tenant. A legal letter or eviction notice is sometimes all that is needed to get things moving.  It can be easy for the other side to ignore your letters and emails, but a formal letter or eviction notice from your lawyers will usually prompt them into engaging properly with you.

Litigation & Dispute Resolution

Litigation and Dispute Resolution are formal processes in which legal disputes are resolved. They are fundamental aspects of the legal system, each serving a unique purpose in resolving conflicts. Litigation offers a formal and legally binding process for resolving disputes, while dispute resolution methods provide more flexible, efficient, and cost-effective alternatives.

For more information on the different methods of dispute resolution, read our dedicated blog on Understanding Litigation and Dispute Resolution.

Small Claims Mediation Service

This is a free service offered by the civil and it aims to facilitate a settlement without the need for a formal hearing. The Small Claims Mediation Service, if accepted by both parties, will offer a telephone mediation service (usually lasting about an hour) where the parties are expected to narrow the issues and agree a settlement, which is binding. This is only offered once a claim has been issued in the Court for money owed, it will not be offered for eviction cases.

Disputes in court for money claims

Landlords can file a case in the County Court for money claims owed by the tenants. This involves following the pre-action protocol by sending a formal letter before action outlining the claim and then submitting a detailed claim form to the court. The tenant has 14 days to respond after receiving the claim from the Court. The court may schedule a case management conference to set timelines and discuss the case. Both parties present their case in court and the court issues a judgment.

If the court issues a judgment and the tenant does not comply, the landlord can apply for a warrant of control to have Bailiffs or High Court Enforcement Officers enforcement the judgment against the tenant.

Possession Claim

If the dispute involves re-gaining possession of the property (e.g. the tenant is not paying rent or is violating the tenancy agreement), landlords can use either a Section 21 notice (no fault eviction) or a Section 8 notice (fault-based eviction). For both Section 21 and Section 8 notices, if the tenant does not leave by the specified date, the landlord must apply to the court for a possession order.

If it is a simple matter and a defence is not received, then the Landlord will request an order for possession and may be required to instruct bailiffs to evict the tenants. If the matter is more complex or a defence is received, both parties will be required to present their case in Court and then a Judge will make a decision whether to give an order for possession or not.

For Section 21 notices, landlords can use the accelerated possession procedure, which is quicker and usually does not require a court hearing, provided all paperwork is in order.

If the Court issues an order for possession but the tenant does not leave, the Landlord can apply for a writ of possession to have bailiffs or High Court Enforcement Officers evict the tenant.

Our experienced Litigation & Dispute Resolution team at Backhouse are experts in dealing with Landlord and Tenant disputes and can help you resolve the dispute at the first stages right up to taking the other side to court if needed.

Contact the team today and book your free 30-minute consultation.

Tel:          01245 893400
Email:     info@backhouse-solicitors.co.uk
Visit:       17 Duke Street, Chelmsford, CM1 1JU
Or send us a message through the Contact Us page on this website.