Tenants in a rented properties often find it difficult to deal with housing issues when their landlord fails and/ or refuses to adhere to his/ her legal requirements. You may discover that your property requires repairs and living in a state of disrepair can be very unpleasant, create stress and it may affect your health.
Our landlord and tenant lawyers can advise you on the landlord’s responsibilities and intervene on your behalf to ensure that any breaches are remedied. We often find that our involvement means that landlords who have ignored repeated requests for repairs, respond promptly.
Should the landlord fail to do so, we will bring matters to Court for an Order forcing him/ her to carry out the required repairs, together with a claim for damages due to the stress and inconvenience caused.
If you are the owner of a flat or have a leasehold interest in a property, you will usually have a collective responsibility with your neighbours to pay your landlord (often the freeholder) a service charge. This pays for the upkeep of the property, typically paying for maintenance, repairs, building insurance and management costs. The extent of the service charge, not surprisingly becomes the one of the main areas of dispute between tenants and landlords.
Your leasehold agreement will set out the terms of the service charge payable, however tenants should only be paying ‘reasonable’ charges. Disputes arise when a landlord attempts to claim ‘unreasonable’ charges from a tenant. For example, the charges are higher than those set out in your leasehold agreement, or the charges relate to work commissioned by the landlord however not covered under the ‘service charge’ provisions contained in your leasehold agreement.
Any charge which is consider to be ‘unreasonable’ can be disputed. You may be able to resolve any issues with your landlord directly, however, should you require expert legal advice on your case, our landlord and tenant lawyers are happy to give you initial advice to help you understand the legal implications of your dispute, the procedure and the best course of action.
Possession and Eviction
Disputes arise when a landlord wishes to recover possession of his property and the tenant wishes to stay. All landlords must follows the correct legal procedure for gaining possession of a property. As possession claims can be complex, getting the best legal advice is vital.
If a tenant is unwilling to move, the landlord is required to serve a valid notice on the tenant, before seeking an order for possession in the County Court. It is a criminal offence to evict a tenant from a property without a valid Court order and could be tantamount to harassment. A tenant will also have the right to claim damages for any loss caused as a result of the illegal eviction.
If you are experiencing issues with your landlord, our landlord and tenant lawyers are happy to help you understand the legal implications of your dispute, the procedure and the best course of action.
Simply complete our enquiry form which can be found on the Home Page, email (email@example.com) or telephone us on 020 7228 2020 or 020 7095 0930.