Landlord and Tenant Disputes Solicitors

Landlord and tenant disputes can often be incredibly disruptive and emotionally draining, as well as time consuming. Our landlord and tenant dispute solicitors at Kingsfords have the experience and ability to aid in any situation involving a dispute between the two parties, should it be commercial or residential.

We understand that these situations can often be overwhelming, so we take the necessary time and extra steps to address your concerns whilst dealing with any legal requirements such as paperwork or documentation. Our solicitors are experts in landlord and tenant rights and focus on settling matters out of court where possible, saving you money and time.

We believe that alternative dispute resolution is an excellent solution to many disputes between landlords and tenants, and all of our solicitors are experts in this method. However, if litigation seems unavoidable, we provide an excellent service whilst building you a robust case.

Our landlord and tenant solicitors can assist with a wide range of commercial and residential property issues, such as:

• Breaches of covenant
• Business lease renewals
• Service charge disputes
• Forfeiture & applications for relief
• Leasehold enfranchisement disputes

Contact our landlord and tenant disputes solicitors

Should you require assistance with a landlord and tenant dispute related matter, our solicitors will be more than happy to help. You can call our offices in Ashford, Cranbrook and Hythe or use our contact form to request a call back.

Our landlord and tenant dispute services

Breaches of covenant

In terms of a rental agreement or lease, covenants are legally binding obligations relating to the specific property. These terms can vary from examples such as “the tenant must not alter the structure of the property” to restricting using the property as a workspace.

When a tenant has breached a covenant, we are at hand to assist with the next steps whilst keeping conflict to a minimum. Examples of where we can help are:

• Should a tenant fail to pay their rent
• Where a tenant has sublet the property without due permission
• Should the tenant make significant changes to the property without your permission
• Where the tenant has failed to keep the property in good condition

Our solicitors have many years of experience dealing with these kinds of situations for a wide variety of clients. We will provide you with expert and practical advice that is tailored to your specific situation, whilst helping you achieve the best possible outcome.

Business lease renewals

Business lease renewal terms are typically negotiated between a landlord and tenant after a landlord’s section 25 or tenant’s section 25 notice has been served. Sometimes, a landlord may seek to rely on certain statutory grounds to challenge your tenant’s request for a new business tenancy. The most common reasons given are that the landlord wishes to develop the building or take up occupancy of the premises.

Our solicitors have much experience in landlord and tenant disputes, having extensive experience providing practical and effective advice in terms of serving a statutory notice. We are experts at negotiating terms for any new premises as well as dilapidation.

Should you find yourself involved in a business lease dispute, our team of landlord and tenant dispute solicitors are available to provide expert guidance, making sure you are aware of all of the options available to you and what the next best steps are.

We appreciate that landlord disputes can be stressful, and will always do our best to resolve your issue as swiftly and smoothly as possible.

Service charge disputes

Service charges are incurred by the leaseholder, these costs cover aspects such as management, maintenance of the property and the general upkeep within the common areas within a building.

Our landlord and tenant dispute solicitors have extensive experience supporting commercial and residential landlords and tenants with a wide array of service charge issues, for example:

• The reasonableness of service charges
• Service quality disputes
• Incorrect calculation disputes

If you’re having a landlord and tenant dispute related legal issue, don’t hesitate to get in touch with our tenant lawyers at Kingsfords. We will be more than happy to discuss your case in detail to help you figure out what the best options available to you are.

Forfeiture & applications for relief

Landlords retain a legal right to terminate a tenancy or lease, repossessing the property if a tenant has breached the terms of their contract.

Applications for relief are legal actions or requests that are made by either landlord or tenants to address disputes or issues with the rental property. These applications are typically submitted to the relevant housing authority or to the court.

Relief applications can take the form of eviction proceedings or deductions of security deposits.

If you would like to learn more about these circumstances, our solicitors for landlords would be more than happy to help.

Leasehold enfranchisement

A leasehold enfranchisement is a process where tenants have the ability (under certain conditions) to purchase their freehold from their landlord or obtain a lease extension.

In the majority of cases, to qualify for collective enfranchisements, 50% or more of the leaseholders that reside within the building must express willingness to participate in the collective purchase.

Our landlord and tenant solicitors have years of experience supporting tenants throughout this complex process. If you are facing a leasehold enfranchisement related dispute, our team will be more than happy to answer questions you may have regarding any related issues.

Frequently asked questions

How can I take action against my landlord?

There are various rights and avenues afforded to tenants allowing them to take action against their landlord. However, it is recommended that you withhold legal action until you have exhausted all your other options.

The first step, should you be facing issues with your landlord, is to communicate with them directly, keeping a log of everything that is said. You should clearly outline any concerns you have and request a solution within a set time frame.

Should this not provide you with results, or if the issue is imminent/dangerous, you can also contact your local council’s environmental health department to report the issue. Should all of these attempts fail, you then have the option of initiating court proceedings, which will involve submitting a claim to the relevant court, outlining your case and the resolution that you seek.

 Our landlord and tenant dispute solicitors have specialised expertise in this area of the law and will be more than happy to answer any initial questions you may have, as well as providing tailored advice for your circumstances.

When can you get compensation from a landlord?

Landlords have a duty of care to their tenants, so are considered liable in the case of an injury or illness that they have caused, for instance, where they have failed to maintain the property.

It is possible to receive compensation for your landlord in specific circumstances, for example, should you sustain an injury on the property as a result of negligence on behalf of your landlord, you may have grounds to submit a tenant injury claim.

Another example would be should you develop an illness as a result of mould on the property, especially if you have highlighted this issue to your landlord previously and they have failed to address it by having the mould removed. In these situations, it is vital that you document all correspondence between you and your landlord as you will be required to provide evidence of their negligence.

Our landlord solicitors have many years of experience in this field and will be able to guide you through this process.

Can I take my tenant to a small claims court?

Landlords are able to take tenants to the small claims courts in specific circumstances. These include smaller monetary claims within the Country Court Money Claims Centre. This court deals with lower value claims specifically. It is important to note that there are certain conditions to keep in mind before doing so.

How much does it cost to take a tenant to court?

It is not possible to provide an exact answer to this question, as each case is affected by individual factors, however, a rough guideline would be that court processes for evictions often cost between £1,300 and £2200. Although, if the eviction is contested it could be significantly higher.

What does section 21 notice mean?

A Section 21 notice is a legal notice that allows landlords to regain possession of a property that has been let under an Assured Shorthold Tenancy (AST). This notice then allows a landlord to evict their tenant without having to provide a specific reason (for example, a tenant refusing to pay rent) after the fixed term of a tenancy agreement has ended.

Our tenancy solicitors are on hand to answer any further questions that you may have, please get in touch using the details below.

Contact our landlord and tenant disputes solicitors

Should you require assistance with landlord and tenant disputes, our solicitors will be more than happy to help. You can call our offices in Ashford, Cranbrook and Hythe or use our contact form to request a call back.