Disputes with Landlord

 

Raising a dispute about a landlord can be intimidating for a tenant. It’s important to remember that your landlord cannot evict you in response to you raising a concern. Doing so would have significant legal ramifications for them.

 

Tenancy Deposit Protection

The tenancy deposit lodged on your behalf by the landlord must be returned to you within ten days of the tenancy ending. If there is a dispute, the tenancy deposit scheme will hold onto it until the dispute is resolved. If there is a dispute about refunding your deposit, the tenancy deposit scheme that your deposit was lodged with may have a time limit in which you must raise the dispute. Each scheme has its own dispute resolution service.

 

Rent Disputes

Rent payments can raise all sorts of disputes. The following points are important for tenants to know:

  • If the landlord wants to increase the rent, firstly look to your tenancy agreement. If there is nothing written about rent increases, the landlord can only increase the rent once a year. This applies if you have a periodic tenancy (i.e. the lease carries on monthly or weekly until notice is given to bring it to an end). The rent cannot increase until the end of a fixed term tenancy (unless you agree to a rent increase). You can move out at the end of the fixed term tenancy or carry on and pay the increased rent.

  • In any case, the rent must be fair and realistic. If the increase proposed would mean the rent is a lot more expensive than for similar houses, this would not be fair.

  • There is a procedure landlords must follow when proposing a rent increase.

  • If you want to challenge a rent increase, you can apply to the First Tier (Property) Tribunal to have the dispute determined.

Eviction

If your landlord tries to evict you, there are strict rules about the notice he or she must give you. If not complied with, the landlord’s claim can be thrown out of Court. The landlord’s notice being correct doesn’t necessarily mean a court order to have you removed will be granted. If the landlord uses a section 8 notice and the ground is discretionary, this means the Court does not have to evict you just because the ground is made out. The Court can look at your circumstances to decide if you should be evicted.

 

Our Services

We are experienced in dealing with disputes with landlords and can advise you of the best course of action. We take the time to understand your situation and the dispute that has occurred. Our solicitors seek to resolve disputes in timely manner and obtain the best possible outcome for you.

To talk to us about disputes with landlords, please call our Bayswater office on freephone 0800 524 4709 to make an appointment or fill in our contact form.

Click below on more Landlord and Tenant advice:

BRIAN COULTER

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