Landlord and Tenant AdviceMatters relating to issues such as tenancy agreements, rent, health and safety, repairs, bills or deposits, regardless of whether you are the landlord or the tenant.
When either landlord or tenant fails to stick to the obligations of a tenancy agreement or interests clash, it can be extremely stressful for all involved. Britton and Time Solicitors will have a free, confidential conversation about your situation, so that we can find a way to move forwards quickly and constructively.
We have years of experience and success in new leases, but also all the following areas…
Lease renewal – The landlord and the tenant normally negotiate the terms of a lease on renewal, but if they can’t agree, the court will decide on the terms.
Lease extension – The fewer the number of years that remain on the lease, the less valuable it becomes. Because of this, the law gives the tenant a right to extend their lease once they have held it for two years.
Lease surrender – When the landlord and tenant agree to bring the tenancy to an end.
Repair issues or dilapidations – Dilapidation is property or items in a property that have broken or fallen into disrepair. A dilapidation claim is generally brought against an outgoing tenant, because there are items in the property not working as they should.
Tenant default – If rent is not paid the tenant is said to have defaulted. After the agreed period of time set out in the tenancy agreement, the landlord has the right to evict the tenant.
Squatter eviction – If someone is occupying property without permission of the owner.
Assured Shorthold Tenancies (ASTs) – The most common type of tenancy, whereby the rent is more than £250 a year but less than £100k a year, the tenancy started after 15 January 1989, there is a private landlord or housing association, the property is the tenant’s main accommodation.
Deposit protection – Any money taken from a tenant as a security deposit must legally be protected in a government-approved scheme within 30 days of receiving it.
How to draft and issue a Section 8 notice or Section 21 notice – These are legal eviction notices a landlord can give to a tenant to regain possession of a property during (Section 8) or at the end of (Section 21) an Assured Shorthold Tenancy (AST). But in either case it must be written and issued correctly to be valid.
Tenants’ new rights to resist possession – Private tenants can sometimes ask the court to stop the bailiffs from evicting them if they can show they can remedy the reasons for their eviction. There is usually a short hearing if the court decides to consider the application.
Obtaining possession – Once the court gives an order for possession, it will provide a date by which the tenant must leave the property. If the tenant fails to leave by that date, the landlord will have to apply for a bailiff’s appointment (warrant of possession) to arrange for a bailiff to evict them.
Rent arrears – If your rent is not paid, this is the money owed. Rent arrears are known as ‘priority debts’, which means not dealing with them can be serious and mean eviction.
Issuing proceedings – This involves filling out details of the claim at court. The court will then serve this on the defendant for them to answer to.
Representing clients at possession hearings – At a county court possession hearing a judge decides if you should be evicted from your tenancy. Being taken to county court is a civil matter, so you cannot be sent to prison.
Instructing bailiffs and enforcement – To recover debts you need a CCJ, which we can help you obtain. We will then manage the process of transferring your judgment to the High Court for enforcement.
Service charges – A charge issued by landlords to cover the costs of maintaining the building. The way in which the service charge is organised is set out in the tenant’s lease or tenancy agreement.
Lease breach of covenant – If a tenant takes actions which are not authorised in the lease, such as sub-letting without permission or carrying out unauthorised alterations, this is a breach of covenant.
Nuisance/anti-social behaviour – Private landlords are responsible for preventing their tenants behaving in an antisocial way in and around their homes. This means that if their tenants are acting in a way that causes or is likely to cause alarm, distress, nuisance or annoyance to anyone living near their home, the landlord must take action.
Collective enfranchisement of the freehold – This is a right, (subject to qualification), for the owners of flats in a building, and sometimes part of a building, to join together and buy the freehold of that whole building.
Right to Manage (RTM) – This gives you the right and the legal means to remove the property management company at your block of flats and replace it with a RTM company that you and your fellow leaseholders set up.
Houses of multiple occupancy (HMOs) – A house is classified as a small HMO if at least three tenants live there forming more than one household, and there are shared toilet, bathroom or kitchen facilities. A house is considered to be a large HMO if it is at least three storeys high, has at least five tenants living there forming more than one household, and there are shared toilet, bathroom or kitchen facilities.
The surrender – Surrender occurs when the landlord and tenant agree to bring the tenancy to an end. The landlord or the tenant can serve notice, ending the tenancy according to the rules laid out in the contract. Or both the landlord and the tenant can agree to end the tenancy by mutual agreement.
Unregistered deposits – Landlords who rent a property to tenants with an assured shorthold tenancy have to follow tenancy deposit protection rules.These state your deposit must be safeguarded by a tenancy deposit protection scheme and information about the scheme used must be provided.
Non-payment of ground rent and service charges – Tenants and leaseholders are often required by the terms of their lease to pay the service charges and ground rent as determined by their lease in advance of the anticipated year’s expenditure. Any non payment is a breach of contract.
Representation at court – For uncompromising expert representation in a court of law, Britton and Time Solicitors are the specialists you can rely on unequivocally to resolve your matter in an efficient, cost-effective manner.
Whatever your situation, get in touch today for a professional, cost-effective way forward.
Whether renting out your property(ies) or living in rented accommodation, you have rights. Understanding these rights and the complexities of the law on both sides is paramount before entering into any landlord and tenant disputes, which is where Britton and Time Solicitors can help.
Getting advice on what your tenant (or landlord) is obliged to do can ease your stress at anxious times and give you the confidence to resolve any issues swiftly and effectively. Whether you need Landlord Advice, Tenant Advice or are looking for an Eviction Lawyer, Britton and Time Solicitors are specialists in disputes between landlords and tenants, be that of commercial or residential premises.
What is landlord and tenant legal advice?
If you’re renting privately in England or Wales and have an assured shorthold tenancy agreement (AST), or in Scotland and have a Short Assured Tenancy, you have a contract between you and your tenant setting out the rights and obligations of both sides.
These must be adhered to, but if in any instance they’re not, you should seek legal advice from Britton and Time Solicitors before entering any tenancy dispute.
Disputes can arise because a tenant fails to pay rent, breaks terms in their tenancy agreement, or a property requires repairs or has suffered damage. There could also be issues around matters such as the payment of bills, rent increases, or the return of a deposit. Whatever your query or landlord tenant dispute, we will provide you with the specialist advice you need to work out exactly where you stand and how best to proceed.
Which landlord and tenant areas does Britton and Time help with?
If you need a Brighton Solicitor for a landlord tenant dispute, you need Britton and Time Solicitors. Our landlord dispute lawyers have been winning cases for over 40 years.
These include but are not limited to:
- Lease renewal extension
- Lease surrender
- Repair issues or dilapidations
- Tenant default
- Squatter eviction
- Assured Shorthold Tenancies (ASTs)
- Deposit protection
- How to draft and issue a Section 8 notice or Section 21 notice
- Tenants’ new rights to resist possession
- Obtaining possession
- Rent arrears
- Issuing proceedings
- Representing clients at possession hearings
- Instructing bailiffs and enforcement
- Service charges
- Lease breach of covenant
- Nuisance/anti-social behaviour
- Collective enfranchisement of the freehold
- Right to Manage (RTM)
- Houses of multiple occupancy (HMOs)
- The surrender
- Unregistered deposits
- Non-payment of ground rent and service charges
- Representation at court
Your landlord must never discriminate against you because of your disability, gender reassignment, pregnancy or maternity, race, religion or belief, sex or sexual orientation.
This means that they are likely to be breaking the law if they:
• Rent a property to you on different terms to other tenants
• Treat you differently from other tenants in terms of using the facilities
• Evict or harass you as a result of discrimination
• Refuse to make reasonable changes to a term in the tenancy agreement, which would otherwise allow a disabled person to live in the property in question
If your landlord has broken the law, call Britton and Time Solicitors today.
Who would need landlord and tenant legal advice?
Solicitors can deal with all areas of landlord and tenant law and are skilled in settling disputes. But prevention is better than cure. The key to a happy tenancy is to understand your rights and duties as a tenant or as a landlord, and to make sure your tenancy agreement reflects them. Which is why it’s vital to visit a solicitor before you draft your terms as a landlord, or agree to your landlord’s terms as a tenant.
Whether you are thinking of becoming a landlord or a tenant, it is imperative that you seek legal advice before signing up to anything, or asking anyone else to sign anything for you.
Regardless of whether you need Landlord Advice, Tenant Advice, or are seeking an Eviction Lawyer, you need the advice of a successful firm of lawyers, which is where Britton and Time Solicitors can help. Get in touch today for a free, confidential conversation.
Why would you need a landlord tenant dispute solicitor?
Disputes between landlord and tenant can be complicated, emotive and difficult to handle. By hiring a landlord tenant disputes attorney, you are taking that burden off yourself and putting it in the hands of a firm with 40 years of success in the field.
By offering a tenancy dispute service, we effectively reduce the time, stress and inconvenience from your landlord tenant dispute by bringing the matter to a positive conclusion without delay.
Why would you need a tenancy dispute service?
A dispute with your tenant or landlord can be an extremely stressful situation, especially where evictions or families are concerned.
The resultant frustration and sense of helplessness can quickly affect other areas of your life. To avoid this happening, take advice from a tenant dispute service in the form of Britton and Time Solicitors.
Where possible, we will mediate on your behalf and try to settle your matter without the involvement of the courts. If you are proactive and face the issue directly, rather than avoiding your tenant, landlord or the situation, you may be able to come to a mutually beneficial solution, be that through negotiation, mediation or arbitration. We can help you do this.
What are the benefits of getting landlord and tenant legal advice?
As well as expert legal representation, Britton and Time Solicitors provides early advice and assistance so problems can be avoided or resolved where possible, before they develop into formal action. This can involve Alternative Dispute Resolution (ADR) and mediation, to name but two.
Where disputes are unavoidable, we provide simple, practical advice to enable you to resolve the dispute in the most cost-effective way possible.
Why choose Britton and Time Solicitors for landlord and tenant legal advice?
If you need a landlord tenant dispute resolution, you need Britton and Time Solicitors, be that for expert legal advice or representation of any sort.
As specialists in Landlord and Tenant Law we act for landlords and tenants in equal measure and are therefore able to offer detailed and comprehensive advice on a variety of matters.
Our experienced property dispute lawyers provide sensible, pragmatic, tailored advice. We always try to resolve matters through negotiation, mediation or arbitration, but where this does not provide a resolution, we will be there to ardently defend your case through the civil courts or tribunals.
Whether you are a landlord stuck with a tenant who has fallen behind on the rent, your tenants have allowed the property to fall into a state of disrepair, or the terms of the tenancy agreement have been in any way otherwise breached, Britton and Time Solicitors will help. Call us today on (01273) 726951 for a free, no-obligation, confidential phone call.
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