Landlord & Tenant

What Landlord and Tenant Disputes Involve

Landlord and tenant disputes arise where there is disagreement about the parties' rights and obligations under a lease or tenancy. These disputes may concern rent arrears, forfeiture, lease interpretation, dilapidations, service charge disputes, break clauses or possession. The legal framework differs between residential and commercial tenancies. Residential tenants benefit from statutory protections that limit the circumstances in which possession can be obtained. Commercial leases are generally governed by the terms of the lease and common law principles.

In practice, disputes may concern rent arrears, forfeiture, lease interpretation and dilapidations. Procedural requirements are often strict. A landlord seeking to forfeit a lease must usually serve a section 146 notice and allow the tenant time to remedy the breach before proceeding. Failure to comply with procedural requirements can invalidate the landlord's claim. Dilapidations claims require careful analysis of the lease covenants, the condition of the property and the cost of remedial works. Expert evidence may be needed to assess the extent of disrepair and the reasonable cost of works.

When Representation May Be Needed

Representation may be needed where a landlord is seeking possession or forfeiture, where a tenant is defending such proceedings, or where there is dispute about rent arrears, service charges or dilapidations. It may also be required where the parties disagree about the interpretation of lease terms, where a break clause is in issue, or where urgent relief is sought to prevent forfeiture or eviction. Early advice can assist in identifying procedural requirements and the most effective route forward.

The approach taken is measured and evidence-based. Landlord and tenant disputes often require careful analysis of the lease, the procedural steps taken and the evidence available. Proper preparation assists in presenting the case in a clear and proportionate way. Where a tenant has breached a covenant, the landlord must usually follow the correct procedure before forfeiting. Relief from forfeiture may be available in some cases. Dilapidations claims at the end of a lease require assessment of the tenant's repairing obligations and the cost of works.

Direct Access and Litigation

Public Access accepted where suitable.

Acting Throughout England & Wales

Representation is provided nationwide in County Court and High Court.