At Boulter & Co, we provide expert legal advice and representation in all aspects of landlord and tenant law, acting for both landlords and tenants in relation to residential and commercial properties. Whether you are seeking to protect your rights as a landlord or require advice as a tenant, our experienced team can guide you through every stage of the legal process.
We understand that disputes between landlords and tenants can be stressful, time-consuming and, if not handled correctly, financially damaging. Our aim is to resolve matters as quickly and cost-effectively as possible, while protecting our clients’ interests. Wherever possible, we seek to achieve an amicable resolution through negotiation. However, where court proceedings become necessary, we have the expertise to provide robust representation.
We can assist and advise you accordingly, please see below a list of some of our services:
- Possession claims for residential and commercial properties.
- Defending possession proceedings on behalf of tenants.
- Instructing bailiffs and enforcing possession orders.
- Rent arrears and debt recovery.
- Service charge disputes.
- Breach of tenancy or lease agreements.
- Lease interpretation and enforcement.
- Disputes relating to tenancy deposits.
- Notices seeking possession, including Section 8 and other statutory notices where applicable.
- General landlord and tenant advice for both landlords and tenants.
Common Landlord and Tenant Disputes
Disagreements between landlords and tenants arise for many different reasons. Some can be resolved quickly through communication, while others require legal intervention. The most common disputes include:
Late or Missed Rent Payments
One of the most frequent issues is the non-payment or late payment of rent. Persistent arrears can place landlords under financial pressure, while tenants may experience genuine financial difficulties. We advise both parties on the legal options available and work towards achieving a practical resolution.
Rent Increases
Disputes often arise where tenants believe a proposed rent increase is unreasonable or has not been implemented in accordance with the tenancy agreement or relevant legislation. Whilst Landlords believe they are increasing the rental income in accordance with current market conditions. We advise both landlords and tenants on their legal rights and obligations.
Repairs and Maintenance
Landlords have legal responsibilities to maintain their properties, while tenants also have obligations to look after the premises. Disagreements commonly arise over responsibility for repairs, maintenance, damp, leaks, heating, plumbing, electrical faults and other issues affecting the condition of the property.
Property Damage
Disputes can occur where damage has been caused to a property during the tenancy. We assist in determining whether the damage amounts to fair wear and tear or whether compensation or remedial action may be appropriate.
Pest Control Issues
Infestations involving rodents, insects or other pests can lead to disagreements over who is responsible for resolving the problem. We advise clients on their respective legal responsibilities and the most appropriate course of action.
Unauthorised Occupiers
Problems may arise where individuals occupy a property without the landlord’s consent or in breach of the tenancy agreement. We advise on the legal remedies available to landlords while also protecting the rights of lawful occupiers where appropriate.
Unauthorised Subletting
Subletting without permission can constitute a breach of a tenancy agreement or lease. We advise landlords on enforcing their rights and assist tenants in understanding their legal position and potential remedies.
Resolving Disputes
At Boulter & Co, we believe that many landlord and tenant disputes can be resolved through early communication and constructive negotiation. In appropriate cases, we encourage landlords and tenants to engage in discussions before matters escalate into formal legal proceedings. Early intervention can often save significant time, expense and unnecessary stress for everyone involved.
Where an agreement cannot be reached, we provide clear, practical legal advice on the most effective way forward. This may involve negotiating a settlement, issuing or defending court proceedings, or enforcing a court order where necessary.
Our priority is always to achieve the best possible outcome for our clients. Whether you are a landlord seeking to recover possession of your property or outstanding rent, or a tenant requiring advice about your legal rights, Boulter & Co will provide professional, straightforward and effective legal support throughout the process.
FAQS
What should I do if my tenant stops paying the agreed rent?
The first step is always to try to communicate with your tenant. In many cases, a discussion can help identify the reason for the arrears and may lead to an agreement without the need for legal action.
If communication has broken down or the tenant remains in rent arrears, Boulter & Co can advise you on the options available. Subject to the information and documentation you provide, we may be able to commence possession proceedings and/or take action to recover the outstanding rent.
Can a landlord evict a tenant quickly?
No. Tenants are protected by law, and a landlord cannot simply require a tenant to leave or remove them from the property without following the correct legal procedure.
Before possession proceedings can begin, the appropriate legal notice must be served, and the necessary documentation must be in place. Failure to follow the correct procedure may delay the process or result in the claim being unsuccessful. We can advise you on the appropriate notice to serve and ensure that all legal requirements have been met before proceedings are issued.
Who is responsible for repairs and maintenance?
In most cases, landlords are responsible for maintaining the structure and exterior of the property, together with essential services such as heating, plumbing and electrical installations, ensuring they remain in good working order.
Tenants are responsible for taking reasonable care of the property during their tenancy and should report any repair or maintenance issues to the landlord or managing agent as soon as they become aware of them. The precise responsibilities of each party will depend upon the terms of the tenancy agreement and the relevant legislation.
What happens if a tenant has caused damage to the property?
A tenant may be responsible for any damage that goes beyond fair wear and tear. Where appropriate, a landlord may be entitled to recover the cost of repairs from the tenancy deposit or pursue a claim against the tenant for any losses suffered.
To minimise disputes, it is good practice for landlords to prepare a detailed inventory at the beginning of the tenancy, supported by dated photographs. This provides valuable evidence and helps protect the interests of both the landlord and the tenant.
What happens if a tenant sublets the property without permission?
In most cases, tenants are not permitted to sublet a property without first obtaining the landlord’s written consent. Most tenancy agreements expressly prohibit unauthorised subletting.
If a tenant sublets the property without permission, they may be in breach of the tenancy agreement. Depending on the circumstances, this could result in legal action, including possession proceedings. We can advise both landlords and tenants on their legal rights and the most appropriate course of action.
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