Landlord and Tenant Disputes

Landlord and Tenant Disputes

Landlord and tenant relationships can deteriorate if a disagreement arises and it is important to address this early on to avoid the situation escalating. Having sound legal advice will help you understand your rights and can also help resolve the issue without it dragging on.

At Thornton Jones, our experienced landlord and tenant solicitors understand how damaging tenancy disputes can be and will step in early on your behalf to try to resolve the issue.

We have excellent negotiating skills and a strong track record of success in dealing with disputes without recourse to the courts. If your case does go to court however, you can be sure of robust and expert representation.

Talk to us about landlord-tenant disputes today

For expert advice on landlord and tenant dispute resolution, please speak to our dispute resolution solicitors in Wakefield, Ossett, Garforth, Sherburn in Elmet or Mapplewell, West Yorkshire today.

Have a quick question or want to request a call back? Use our online enquiry form.

Our expertise with dispute resolution

Our team have extensive expertise in dealing with all aspects of landlord and tenant disputes, including the following:

Rent arrears

If rent is not paid, a landlord will have the right to evict a tenant. There is a set process that must be followed, but before setting out on this course it is advisable to contact the tenant and see if an amicable agreement can be reached over payment of the arrears.

We can write a formal notice to your tenant on your behalf, setting out the amount due and asking for payment in full.

It may be possible to collect the arrears from a guarantor, if there is one. If payment is not received, then a landlord can serve a Section 8 notice advising the tenant that the landlord intends to sue them in court for the arrears.

It is important to complete the correct Section 8 form, and we can advise you on this to ensure that you have the right grounds as well as the correct version of the form.

A tenant may be able to apply for Breathing Space, which is a government respite scheme allowing some tenants 60 days in which to try to work out how to repay the money owed. During that time, no interest can be added to the debt and no enforcement action can be taken.

Dilapidations

A tenant is generally required to keep a property in a good state of repair. This could mean arranging for maintenance work to be carried out as well as cleaning and decorating. If this is not done and the property falls into disrepair, this could be classified as a breach of the lease.

Property disrepair, or dilapidations, should be rectified at the tenant’s expense. If the landlord has to arrange for work to be done, the tenant will still be liable for the cost.

Examples include the need to have carpets professionally cleaned, damage to items in the property such as light fittings or curtains, broken windows, allowing a garden to become overgrown, damage to walls, leaving rubbish at the property, blocked drains and water damage.

If you are a landlord who has had to deal with a property that has fallen into disrepair, we can represent you to ensure that the costs of rectifying this are met by the tenant.

Recovering vacant possession

As a landlord, if you have a problem tenant, you may want them to leave. The process for achieving this must be carefully followed or the tenant may be able to bring a claim for unlawful eviction. Most tenants have protection against eviction and in general, a court order is required to obtain possession.

We can ascertain on your behalf which grounds for possession you can use and make an application on your behalf to regain your property.

Lease extensions and lease enfranchisement disputes

Many tenants have the right to extend their lease or to collectively purchase the freehold to flats along with the other leaseholders.

This is a complex legal process usually involving negotiations as to price. We can explain the procedure to you and ensure that as a tenant you have the legal right to request enfranchisement. We can also represent you throughout the process to ensure that it goes smoothly, that you obtain the best deal possible and that your rights are observed throughout.

In an enfranchisement situation, both the landlord and tenants should seek independent legal advice. A surveyor will generally also be needed to quantify the values involved so that a purchase price or cost of lease extension can be agreed upon.

Tenancy disputes

A tenancy dispute can be stressful and disruptive, whether you are the landlord or the tenant. For a tenant, facing eviction can be a huge strain and the uncertainty can cause anxiety.

If you are a landlord with bills to pay and your tenant is not covering the rent, this is also likely to be difficult, leaving you out of pocket and facing uncertainty.

Our team can represent you to try to resolve the difficulties you are facing, without involving the courts wherever possible. We can suggest solutions and enter into negotiations on your behalf to work towards resolving the issue satisfactorily for both parties.

If litigation is necessary, you can be sure that we will prepare a strong case on your behalf and that you will have expert representation at any hearing. We will also ensure that you are supported every step of the way and that we are available to speak to you as needed to discuss progress and answer any questions you may have.

Our dispute resolution fees

Fixed fee dispute resolution

For some types of dispute resolution work, we can offer fixed fees. This will normally cover a specific piece of work, such as drafting and sending a letter before action or providing an individual session of mediation.

Learn more about our fees and funding.

Hourly rates for our dispute resolution solicitors

Where fixed fees are not applicable, we charge an hourly rate.

We bill in regular instalments and can, subject to your circumstances, agree a monthly payment plan in which interest is charged at 8% per annum on outstanding balances.

All fees are subject to VAT at the prevailing rate.

We may request a payment-on-account of £100 plus VAT when you make an appointment to see one of our solicitors. This payment covers the cost of the initial appointment and the associated work should you choose not to go ahead. If you chose to proceed then your payment-on-account will be deducted from your final bill.

Learn more about our fees and funding.

Conditional fee agreements

For some types of disputes, we may be able to offer conditional fee agreements covering all or part of our fees. This means that part of all of our fees would only be applied if and when we secure a favourable outcome for you.

Learn more about our fees and funding.

Contact our landlord and tenant dispute solicitors in West Yorkshire

For expert advice on landlord and tenant dispute resolution, please speak to our dispute resolution solicitors in Wakefield, Ossett, Garforth, Sherburn in Elmet or Mapplewell West Yorkshire today.

Have a quick question or want to request a call back? Use our online enquiry form.

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