Landlord & Tenant Solicitors
Our landlord and tenant solicitors are able to help you with a wide range of issues in respect of leases and tenancies.
Landlord & Tenant law is complex and it is often necessary to know and understand the intricacies of the law to able to validly serve notices or claims. This is an area of law which is constantly evolving and our landlord and tenant solicitors pride themselves in keeping up-to-date on developments in the law to be able to accurately advise and assist on these matters.
We have helped with the following situations :-
- Landlord and tenant disputes
- Breaches of tenancy agreements/leases
- Assisting our Commercial Property team with Lease Renewals
- Forfeiture of Leases
- Section 8 and Section 21 Notices
- Possession proceedings
- Advice on enforcement of Lease covenants
- Compliance with the Landlord and Tenant Act 1954
Contact our specialist landlord and tenant solicitors today
Contact our landlord and tenant solicitors today should you require assistance.
Our landlord and tenant services
Landlord and Tenant disputes
Landlord & tenant disputes can cover a wide range of issues – from unpaid rent to forfeiture of leases.
Our lawyers are experienced in both residential and commercial Landlord & Tenant issues. In respect of residential tenancies, our landlord and tenant solicitors are able to assist with recovering possession of houses from tenants; recovering unpaid rent/service charge payments; and breaches of covenants (by either Landlord or Tenant).
In respect of commercial tenancies, we are able to advise on forfeiture and the risks and processes involved with this; we are also able to assist our Commercial Property department with the service of notices in respect of Lease Renewals and Dilapidations claims.
Breaches of Tenancy Agreement/Commercial Lease
Having spent a long time agreeing the terms of a tenancy or commercial Lease, it can be frustrating when one of the parties breaches their obligations. If that happens, we are able to advise you on the issues resulting from the breach and what enforcement action can be taken.
Enforcement can take the form of a claim against the breaching party; or in some circumstances, can involve recovering possession of the property. Our landlord and tenant solicitors will discuss the situation with you to understand what form of enforcement may achieve your goals and advise you accordingly.
Assistance with the Lease Renewal process
Where a commercial lease has the benefit of “security of tenure” by virtue of the Landlord and Tenant Act 1954, the tenant has the right to request a new Lease at the end of the original term. Since the original lease was started however, things may have changed such that the terms of the new lease need to be negotiated; there is a mechanism for undertaking that negotiation process and our landlord and tenant solicitors are able to work alongside our Commercial Property solicitors and your surveyor, in order to serve the relevant notice and comply with the court procedure which is then undertaken.
Section 8 and Section 21 Notices
It is sometimes necessary for Landlords to serve notice on their residential tenants to end their tenancies and recover possession of the house or flat. Currently, notices can be served under section 8 or section 21 of the Housing Act 1988.
Section 8 notices are used where the tenant has breached the terms of the agreement eg. breached the obligations in the tenancy agreement, not paid rent etc. Section 21 is more commonly used as it does not require any breach by the tenant; instead the landlord looks to end the tenancy at the end of the term stated in the agreement.
This area of law is complex and constantly changing. There are strict requirements with regard to the service of these notices and our tenancy solicitors are experienced in dealing with these.
Possession proceedings
Once notices have been served on a residential tenant, if the tenant does not willingly vacate, the Landlord may need to apply to the court for a possession order. Our Landlord solicitors are experienced in the preparation and service of the necessary Court paperwork and are able to advise on the process involved.
Possession proceedings under s.8 Housing Act 1988 will often result in a formal court hearing and if necessary, we are able to assist with the instruction of a barrister to attend the hearing and represent you.
Forfeiture of Leases
Where a commercial tenant has breached the terms of their lease, it can sometimes be possible for the Landlord to forfeit the lease.
Our experienced Landlord solicitors are able to advise upon the terms of the lease and whether forfeiture may be an option. If this is a possibility, we are able to advise upon the procedures involved and the risks to be considered. If the forfeiture is to proceed, we are able to assist with the preparation of notices, correspondence to the tenant and if necessary, court proceedings.
Why choose our landlord and tenant solicitors?
Our landlord and tenant solicitors are experienced in a wide range of landlord and tenant issues in respect of both residential and commercial properties. Working with our property teams, we are able to provide a full service to our clients.
Our landlord and tenant solicitors know how complex this area of law can be; we therefore pride ourselves in offering clear, straightforward advice to our clients, enabling them to make informed decisions as to how to proceed.
Tenancy and lease issues can often be sensitive, particularly where they involve individual’s homes or businesses; we are very aware of this and always strive to handle such cases sensitively and efficiently.
Frequently asked questions about landlord and tenant law
What is landlord and tenant law?
Landlord and tenant law is the area of law which relates to residential tenancies and commercial leases. A tenancy or lease gives a person the right to use a property for a designated period of time, subject to compliance with covenants/obligations (such as paying the rent; not undertaking building works etc).
Sometimes issues arise during the course of a tenancy or lease which cannot be resolved between the landlord and tenant themselves; in that situation specialist landlord and tenant solicitors such as ourselves, become involved in order to advise on the situation and the steps which can be taken. This area of law is quite prescriptive in terms of the various notices and actions which can be taken and it is important that the law is followed to avoid getting into further difficulties.
How much do landlord and tenant matters cost?
Whilst we are able to charge a fixed fee for dealing with the preparation and service of a section 21 notice to end a residential tenancy, it would be unusual to be able to charge a fixed fee for any other type of landlord and tenant matter. Typically work in this area is charged on an hourly rate basis and how much this costs in total depends on the complexity of the situation; the attitude of the other party; whether negotiation/settlement is possible; or whether court proceedings are required.
Once our landlord and tenant solicitors know the facts of your issue, they will be able to discuss potential costs with you. If you have limited funds available, it is important that this is discussed with your solicitor as this may impact on the approach taken and case plan. Our landlord and tenant lawyers will always work with you in respect of costs and are happy to work to ‘costs limits’ to ensure you are in control of the amount being incurred with regular costs updates given and discussed throughout the matter.
How long do landlord and tenant matters take?
How long a landlord and tenant matter will take to be resolved will depend on the complexity of the issues and whether there is any scope for negotiation/settlement outside of formal court proceedings.
Some straightforward cases may be resolved within a few months whereas others may take years to resolve due to unsuccessful negotiation/settlement discussions and the need for a Judge to determine the outcome by way of a hearing.
Due to their experience, our landlord and tenant solicitors are able to offer support and patience during those times that an issue is taking a long time to resolve; we understand that delays can be frustrating and add to the stress of the situation but are able to provide practical advice as to whether such delays are normal/expected or if not, what steps can be taken to move things forward.
What can I do if my landlord or tenant is not following the law?
Speak to us! Our landlord and tenant solicitors will be able to review the situation and paperwork to be able to advise you on the options available.
Some matters may be capable of resolution by way of correspondence whereas other issues may require a more formal approach involving notices and court proceedings. Our landlord and tenant solicitors will always consider all options available including whether there is any scope to negotiate a settlement and end the issues; our aim is always to achieve our client’s required outcome in the most cost-efficient matter.
Contact our landlord and tenant solicitors today
If you have an issue regarding a lease or tenancy that you would like to discuss with us, please do not hesitate to contact our experienced landlord and tenant solicitors. We have offices at: