When a property agreement is entered into, no-one envisages the result being becoming involved in a landlord and tenant dispute. Unfortunately, this is sometimes the case and obtaining clear, concise legal support is advised from the start. Oratto member commercial property lawyers have a wide range of experience in dealing with landlord and tenant disputes which can, hopefully avoid the need for litigation.
Why do these disputes arise?
There are many different reasons why problems can occur; some of the most common are:
- Breach of covenant
- Rent arrears
- Lease renewal
- Possession proceedings
- One party wanting to terminate early
- Dispute over proposed increase in rent
In the event of dispute, the landlord's rights include taking possession of the property, providing that due process has been followed and the correct notices served. He can also invoke the removal of goods as any items left behind when the tenant has left can be passed to the landlord. However, possibly the most effective right that the landlord has to safeguard his property and prevent disputes from arising is his power of inspection. With 24 hours notice, he can enter the property and thereby satisfy any suspicions that he may have about the condition of the premises.
Tenant's rights include having:
- a correctly drawn up tenancy agreement in place
- correct contact details of the landlord
- a right to have appropriate repairs carried out when necessary
- any deposit must be held in the tenancy deposit scheme
Working out whether or not you are in a landlord and tenant dispute can be confusing. Contact Oratto for solid, experienced legal advice through our member solicitors. If the dispute has already escalated then one of our member commercial property solicitors can represent you when necessary, and, if the disagreement is still in the early stages, then we can help you to find an early resolution to the problem.
What is the first step to resolving landlord and tenant disputes?
If possible, the initial aim is to reach a compromise through informal negotiations. If the situation is more complex, then a tenancy tribunal is the last resort. However you should seek advice from Oratto member lawyers long before this stage of the disagreement. By doing this, you will also know exactly what your legal rights are which means that you are better prepared to engage in negotiation with the other party.
For access to further advice, information or support regarding litigation, contact Oratto today. Our member solicitors are ready to give you rapid, accurate advice on your landlord and tenant dispute.