Landlords and Tenants Rights
Both Landlords and Tenants have rights under the law. Landlord and tenant laws are codified in and regulated by the Landlord and Tenant Act 1987, Housing Act of 1988, and Housing Act 2004.
While the tenant seeks a safe and secure space, the landlord seeks to profit from the property. The space being rented must come with a minimum number of working amenities, and its physical infrastructure must meet a certain standard.
1. Tenancy Agreements
The landlord is required to give you a copy of the tenancy agreement. If you agree to any modification to it during your tenancy, a fresh copy of the new agreement must be shared.
2. Taking Possession
As a landlord, you have the right to take possession of any property that you own but you must do so following certain legal procedures, which include serving notices and obtaining a Court Order.
3. Removal of Goods
If all reasonable steps have been taken to contact the former tenant and the notice has expired, landlords can dispose of the goods. The landlord is entitled to sell the goods, deduct from the proceeds any reasonable costs that incurred through storage, removal, and sale, before accounting to the tenant for the balance.
A tenant is entitled to quiet enjoyment of the property. However, a landlord has a right to inspect the property or undertake required works upon reasonable notice usually specified in the tenancy agreement.
5. Overdue Payments
A landlord has the right to request overdue rent payments but should respect the tenant’s right to a peaceful occupation. Rent arrears form the basis of a right to terminate the tenancy but the appropriate notice needs to be provided and a Court Order must be obtained.
You need to maintain insurance for the structure of the property. The tenancy agreement often requires this and if you have a mortgage, the lender is likely to insist on it.
Landlord-Tenant Litigation’s Most Common Issues
Here are two of the most common landlord and tenant disputes:
Before moving into rented accommodation, a tenant may be required to pay a security deposit. This is a kind of insurance against any damage that may be done to the property. When the tenant leaves the property, the security deposit may be retained in part or in full only if there are rent arrears or damage to the property over and above wear and tear.
The landlord must protect the deposit in one of the 3 authorised schemes (TDS, DPS, or My Deposits ) and provide the tenant with certain information about the scheme within 30 days of receiving it. If they do not the tenant has a right to compensation between 1 and 3 times the amount of the deposit and a solicitor can assist as they are also entitled to costs if they have to issue proceedings.
2. Outstanding Repairs
Even if the landlord is not required to carry out repairs on the structure of the property or the utilities (heating, water) in the tenancy agreement they are obligated by law. Issues must be reported by the tenant, in writing so as to provide evidence if necessary and repairs must be undertaken in reasonable time. If they are delayed or not done the tenant can apply to the court for the work to be carried out and compensation for their losses.
How Can the Tenant-Landlord Dispute Be Resolved?
It may be possible to solve a landlord-tenant dispute through direct communication between the two parties. But if the situation has escalated beyond this possibility, then you may need to get involved legally.
How Can a Solicitor Be Helpful in Tenant-Landlord Dispute?
Hiring a solicitor to file a case against the other party may be the only way to protect your interests and resolve the dispute. The case itself need not go to court. It is possible when reaching the settlement without going through a trial. The solicitors at PDA Law specialize in tenancy laws. They can provide you with insight, guidance, and legal representation in any landlord-tenant dispute.