When do landlord dispute solicitors need to be involved?
In the UK, renting is more common than ever before. This raises the odds of tenant and landlord disagreements arising. It is the job of landlord dispute solicitors to resolve these disagreements to the satisfaction of their clients.
In many cases, you may find that an amicable solution is cheaper as well as more effective in these circumstances. But in many others, finding expert legal advice is an absolute must.
So, when is it the time to call in solicitors for landlord and tenant disputes? Let’s take a look at the best way to resolve any tenancy-related disagreement you may be facing:
What Are Landlord And Tenant Disputes?
Landlord and tenant disputes are issues that arise between the two parties in a tenancy agreement – the landlord and the tenant. These disputes come in a wide range of types, but generally fall under one of the following headings:
- Breach of tenancy agreement – sometimes called a “breach of covenant”, when the tenant has not followed the terms laid out in the tenancy agreement.
- Rent in arrears – where the tenant has failed to pay the agreed rent on time.
- Possession claims – repossessing property or evicting tenants who fail to pay rent or abide by the tenancy agreement.
- Deposit disagreements – where the landlord withholds some of the initial deposit to repair damage caused by the tenant and the tenant disagrees on the amount.
- Property disrepair and damage claims – commonly when maintenance and repairs are necessary and one party believes they should be covered by the other.
I’m Having An Issue With My Tenant – What Should I Do?
Before going any further, it is important to underline that resolving the situation amicably between yourselves – without getting the courts involved – will usually be the most cost-effective method. It’s also much more likely to “stick” as a solution as both sides will tend to be happier with it.
Only if you cannot resolve the situation through communication is it worth getting in touch with a specialist landlord solicitor to discuss the merits of your case and what the best strategy might be to resolve things in your favour.
How Do I Resolve A Dispute Between A Tenant And A Landlord?
1) Try To Reach Out
Phase one of resolving any tenant and landlord dispute should always be to try to improve communications.
Being able to actually speak to the other party and make your concerns plain in calm, non-aggressive terms is often the biggest driver of successful resolutions in these cases.
You might be shocked to discover that your tenant was completely unaware of the situation and will now be keen to resolve it without further action on your part.
2) Keep A Record
If communication isn’t working, before moving forward, it is wise to assemble a body of notes detailing what has happened relating to the situation and when. Try to:
- Detail what happened specifically or include the correspondence you had
- Explain why you thought this was a bad thing or indicated that something was wrong
- Specify when it happened with an exact date if possible
3) Try Mediation
Mediation is a professional legal process that allows both parties to discuss the situation with a neutral third party (the “mediator”) in the room with them.
In some types of law (family law, for instance), trying the mediation process is a requirement before a case is even allowed to get to court.
In landlord and tenant disputes, it’s often simply a very good idea. It can resolve the situation without going further into the more expensive territory of a court case while still allowing both parties to have their voices heard.
4) Think Long-Term
As you might imagine, it’s not uncommon for landlords facing a dispute to want the situation resolved as quickly as possible and definitively in their favour. However, this kind of short-term win approach can backfire in the long term.
Always try to take a step back and consider your long-term convenience and the consequences that the outcome you agree to will have for you wherever possible. If in doubt, a specialist landlord solicitor should be able to advise you on this based on their extensive experience.
5) Explore The Legal Solution And Go To Court
Going to court is always the most expensive part of any legal case. It is usually best to avoid it wherever possible – trying better communication, mediation, and more – before you go to court (the magistrate will likely take your willingness to resolve the situation amicably into account anyway).
Before you start this process though, it is always best to get some expert legal advice as to your chance of successfully resolving the situation in the way that’s best for you. Let us find you the right landlord dispute solicitor for FREE and with no obligation.
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