Landlord and Tenant Disputes: Our Network
Contact Us Today
Landlord and tenant disputes
Landlord and tenant disputes commonly arise for various reasons when renting property. When issues escalate, expert legal advice may be required to help resolve the dispute efficiently and effectively.
ARC Costs have a network of landlord and tenant dispute solicitors on hand to assist with both landlords and tenants with their cases.
In addition to introducing property dispute clients to solicitors, we also provide advice and assistance on recovering and negotiating legal costs for these types of legal actions.
Causes of disputes
Landlord and tenant disputes in England and Wales can arise from various aspects of the rental agreement and the behaviour of either party. These disputes can broadly be categorized into several types:
Rent disputes
Non-payment of rent:
When tenants fail to pay rent or service charges on time, landlords can seek legal action to recover the rent arrears or evict the tenant.
Rent increases:
Disputes can arise if a tenant feels a rent increase is unjustified or not in accordance with the tenancy agreement or legal regulations.
Deposit disputes
Deposit deductions:
Conflicts often occur over the return of the deposit, with tenants disputing deductions made by the landlord for damages, cleaning, or unpaid rent.
Deposit protection:
Issues can arise if landlords fail to place the deposit in a government-approved tenancy deposit scheme.
Repairs and property maintenance
Unauthorised repairs:
Tenants making changes or repairs without landlord consent can also lead to conflicts.
Eviction disputes
Illegal or unlawful eviction:
Tenants may claim they have been evicted without proper legal process.
Section 21 notices:
Landlords seeking to evict tenants using a Section 21 notice (no-fault eviction) must follow specific legal procedures, and disputes can arise if tenants believe these have not been followed correctly.
It is important to note that although Section 21 notices are still possible, the new Labour Government has announced plans to ban Section 21 evictions.
Section 8 notices:
Used when tenants breach specific terms of the tenancy agreement, such as non-payment of rent or causing damage. Disputes often occur over the validity and fairness of these notices.
Tenancy agreement disputes
Terms of agreement:
Disagreements over the interpretation of tenancy terms, such as length of the tenancy, responsibilities for utilities, or pet policies.
Unfair terms:
Tenants might contest terms they consider unfair or not legally enforceable.
Access to property
Landlord access:
Disputes can arise if landlords enter the property without proper notice or tenant consent, violating the tenant’s right to quiet enjoyment.
Tenant denial of access:
Tenants might refuse reasonable requests for access for inspections, repairs, or viewings.
Anti-social behaviour
Nuisance claims:
Disputes over noise, anti-social behaviour, or illegal activities can lead to conflicts, often involving other tenants or neighbours.
Harassment:
Claims of harassment by the landlord, such as frequent unannounced visits or threats, can also lead to disputes.
Subletting and assignment
Unauthorised subletting:
Tenants subletting the property without landlord permission can lead to disputes.
Assignment issues:
Problems can arise over assigning the tenancy to another person, especially if the tenancy agreement prohibits it or the landlord does not consent.
Termination of tenancy
Early termination:
Disputes can occur if a tenant wants to leave before the end of the fixed-term tenancy and the landlord does not agree to the early termination.
Notice periods:
Conflicts may arise over the proper notice period required to end the tenancy by either party.
Discrimination
Discriminatory practices:
Tenants may claim discrimination based on race, gender, disability, or other protected characteristics under the Equality Act 2010.
Resolving landlord and tenant disputes
Disputes between landlords and tenants can be resolved through:
Direct Negotiation:
Both parties communicating directly to reach an amicable solution.
Mediation:
This is a form of alternative dispute resolution whereby a neutral third party helps facilitate a resolution.
Formal complaints:
Involving local councils or housing associations.
Legal action:
Taking the dispute to court or a tribunal, such as the First-tier Tribunal (Property Chamber) for residential property disputes. Prior to initiating court proceedings, parties should attempt to resolve the dispute using Pre-Action Protocols. This usually involves sending a formal letter and attempting to reach an agreement.
Seeking legal advice is always advisable. Advice may also be available from Citizens Advice.
Legal costs in landlord and tenant disputes
In the majority of landlord and tenant disputes, legal costs will be recoverable from the losing party. Costs involved in a tenancy dispute may include solicitor fees for legal advice and assistance, ADR costs, Court fees, and expert witness fees.
The process of detailed assessment will usually be followed to determine the level of costs recoverable in these types of cases.
These costs fall under the scope of CPR 45.1 for residential disputes and therefore standard (hourly rate) costs may apply for any exclusions, otherwise fixed costs are recoverable pursuant to the reforms implemented from 1 October 2023.
If the landlord is successful and if detailed as such in any tenancy contract, costs may also be payable on an hourly rate basis, and sometimes on an indemnity basis.
How can ARC Costs Assist?
ARC Costs can assist will all aspects of costs concerning the claiming or defending of tenancy dispute costs.
ARC Costs are a team of independent and experienced Costs Draftsmen and Costs Lawyers. We regularly assist Paying and Receiving parties in the recovery/contention of costs.
We can assist in the preparation/challenging of Bills of Costs. We can also assist in conducting of detailed assessment proceedings, and the preparation of Points of Dispute/Reply.
Should you require our assistance or have any further queries regarding costs, please contact us on 01204 397 302 or email one of the team at info@arccosts.co.uk.
Alternatively, please complete our online enquiry form, and we will contact you to discuss your query or speak to our staff using the live chat function.
At ARC Costs, we also maintain an extensive legal network of expert Solicitors in the legal field of tenancy disputes. If you intend to pursue or defend a case, we would be happy to pass on your query to one of the Solicitors on our panel.
We may receive payments from third party solicitors on our panel (for non-FCA regulated work) to whom we may refer your claim. We will never charge you for any referrals made to our panel of third parties.