No landlord or tenant wants to be involved in a dispute over a residential property as these can quickly escalate into costly and protracted legal conflicts.
Most disputes can be divided into three main categories:
- Non-payment of rent
- Service charges
- Non performance of legal obligations by the landlord
A residential tenant is held to be in breach of contract by continual non-payment of rent and it is the right of the landlord to evict a tenant following the procedures laid down in law. Landlords can avoid this by checking regularly that rent has been paid on time and in full. Before taking action for non-payment you should allow two months arrears and seek to resolve the issue by non-aggressive communication with the tenant. It is also worthwhile sending letters as you may need to prove to the court that you gave your tenant sufficient time to pay arrears.
A landlord’s main priority is protecting his investment and rental income. When entering into an agreement, do ensure that you ask your tenant for references, including character references and references from previous landlords. It is also useful to know your tenant’s place of work.
Carl Geary is a Litigation Solicitor who regularly acts for both landlords and tenants who find themselves involved in this type of dispute over a residential property. He comments "If you are considering renting a property it is advisable to seek legal advice to ensure that you are up to date with current legislation. From October 2008, a landlord is required to produce an Energy Performance Certificate (EPC) for the property and, since April 2007, landlords are required to protect any deposit taken from a tenant. There are three schemes for this set up by the Government. If you fail to protect your tenant’s deposit you could face court action and a penalty."
Our Commercial Property Team have a comprehensive knowledge of all areas of law regarding tenancies and can help you set up effective tenancy agreements. Our Litigation Team understand the problems faced by landlords and will work to find a solution to disputes without the need for costly court action where possible.